The opinion
Me. Justice Moschziskee
concurring:
Under the evidence in this case, I would not affirm on the theory that the defense of independent contractor was a matter of law for the court; I would, however, on the ground that no negligence was proved. The defendant company could not reasonably have anticipated the happening of the events which resulted in the plaintiff’s injury, for the railing which gave way was never intended for the use to which he put it.