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SIMMONS v. CLARK CONSTRUCTION COMPANY

426 S.W.2d 930 (1968)

Junius L. SIMMONS, Appellant, v. CLARK CONSTRUCTION COMPANY and Towers Motor Inn, Inc., Appellees. Oliver Lee PATE, Administrator of the Estate of Walter Allen Pate, Deceased, Appellant, v. CLARK CONSTRUCTION COMPANY and Towers Motor Inn, Inc., Appellees.

Court of Appeals of Kentucky.

March 29, 1968.

Attorney(s) appearing for the Case

George S. Wilson, III, Wilson & Wilson, William M. Gant, Gant & Carroll, Owensboro, for appellants.

Ridley M. Sandidge, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellees.

STEINFELD, Judge.

On December 11, 1962, Clark Construction Company (hereinafter Clark) contracted with Towers Motor Inn, Inc. (hereinafter Towers) to erect a building in Owensboro, Kentucky. On October 24, 1963, Junius L. Simmons and Oliver Lee Pate, regular employees of Edward Rold, d/b/a Owensboro Window Cleaning Service, a subcontractor of Clark, were directed by Clark to mount a horizontal scaffold or hoist to clean the metal and glass on the exterior of that...

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