Bowen v. Smyth

Citations

• 68 Wash. 513
• 123 P. 1016
• 1912 Wash. LEXIS 1324

Syllabus

<p>Master and Servant — Relation—Subcontractor as Independent Contractor — Safe Place to Work. Where the plastering of a schoolhouse was sublet to one who agreed to furnish all the labor and materials and who had full control of the work, he was an independent contractor, and the relation of master and servant does not exist between his employees and the principal contractor, who therefore does not owe them the duty to furnish a safe place to work.</p> <p>Master and Servant — Acts of Servants — Injuries to Third Persons — Neglisence—Dangerous Premises — Scaffolds —■ Independent Contractors. The principal contractor on a building is liable for injuries sustained by employees of an independent subcontractor through the fall of a scaffold, built for the joint use of both con tractors, and which the subcontractor had reinforced and made safe, where the same was, by negligent alterations of employees of the principal contractor, made unsafe without giving adequate notice of the alterations to the employees who were to use it.</p> <p>Master and Servant — Fellow Servants — Employees of Different Masters. There is no relation of fellow servant between injured plasterers employed by an independent subcontractor, and carpenters employed by the principal contractor, who negligently altered a scaffold prepared for the plasterers.</p> <p>Damages — Excessive Verdict. In an action for personal injuries, the plaintiffs are entitled to an allowance for pain and suffering in addition to their actual money losses.</p>