Blair v. City of Spokane

Citations

• 66 Wash. 399
• 119 P. 839
• 1911 Wash. LEXIS 1084

Syllabus

<p>Master and Servant — Negligence—Safe Methods. In an action for tbe death of a signalman through the fall of a wall, upon which he was directed to stand, the negligence of the city is for the jury, where there was evidence that the wall was unsafe, supports having been negligently removed without putting in proper braces.</p> <p>Same — Contributory Negligence — Knowledge of Danger. A signalman, injured by the fall of a wall upon which he was directed to stand in giving signals, is not guilty.of contributory negligence from mere knowledge of the danger, it being for the jury to determine whether he used care commensurate therewith.</p> <p>Same — Warning—Question for Jury. Whether a servant was ■warned of the danger of the fall of a wall upon which he was directed to stand, is for the jury, where there was a conflict in the • evidence as to two of the warnings, and the third warning was as ■to a danger that did not contribute in any way to the accident.</p> <p>Same — Assumption of Risks — Obvious Dangers — Defective Methods. A signalman directed to stand upon a wall does not as- • sume the risks of negligence of the city in failing to adopt a reasonably safe method of doing the work, but only such as are obvious ■after the city has discharged its duty; and where the city engineer in charge of the work did not anticipate that the wall would fall, it -cannot be said that the danger was obvious.</p> <p>Same — Safe Place to Work — Taking Down Structures — Duty • of Master. In taking down an unsafe wall, the city owes the duty towards its employees to make the place as reasonably safe as the ■ circumstances and character of the work will permit.</p> <p>Master and Servant — Contributory Negligence- — Obedience to Orders. Where a signalman takes a position on a wall in obedience ■to the order of a foreman, it cannot be said that he was so reckless : as to bar a recovery.</p> <p>Master and Servant — Negligence—Defective Plans. Where a city intended to retain a portion of a