FRANK C. SPARKS COMPANY v. HUBER BAKING COMPANY


114 A.2d 657 (1955)

FRANK C. SPARKS COMPANY, Plaintiff, v. HUBER BAKING COMPANY, a Delaware Corporation, Defendant and Counter-claimant, FRANK C. SPARKS COMPANY et al., Third Party Defendants. HUBER BAKING COMPANY, a Delaware corporation, Plaintiff, v. FRANK C. SPARKS COMPANY, et al., Defendants.

Superior Court of Delaware, New Castle.

February 16, 1955.


Attorney(s) appearing for the Case

Stewart Lynch, Wilmington, for Frank C. Sparks Co.

William Pricket, Wilmington, for Huber Baking Co.


LAYTON, Judge.

On April 29, 1949, while Sparks was laying a concrete floor on the second story of the Huber Bakery, there was a collapse, a beam fell and part of the concrete floor fell. Several workmen were injured. Thereafter, Sparks laid a new concrete floor which, according to Huber, was unsatisfactory. A number of suits were filed, some for injuries to the workmen and these because of the alleged negligent manner in which the floor was laid.

The concrete...

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