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DIXON v. SIMPSON

No. 4088

332 P.2d 656 (1958)

PETER DIXON, Appellant, v. ALbert SIMPSON; J.R. Williams, Thomas E. Phelps and Shelley C. Camp, Doing Business As Williams Trenching & Excavating Company, Respondents.

Supreme Court of Nevada

Rehearing Denied January 7, 1959.

Attorney(s) appearing for the Case

Samuel S. Lionel and Paul L. Larsen, of Las Vegas, for Appellant.

Goldwater and Singleton, of Las Vegas, for Respondents J.R. Williams, Thomas E. Phelps and Shelley C. Camp, dba Williams Trenching & Excavating Company.

Morse, Graves & Compton, of Las Vegas, for Respondent Albert Simpson.

MERRILL, Justice.

We are on this appeal concerned with responsibility for failure to guard an excavation in a public alley. Where the excavation is under the control of a general contractor engaged in the construction of a building on adjacent property, is the owner of that property responsible? Under these circumstances is the subcontractor who originally did the digging responsible? We have concluded that under the facts of this case the owner is responsible, but...

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