Bullivant v. City of Spokane

Citations

• 14 Wash. 577
• 45 P. 42
• 1896 Wash. LEXIS 412

Syllabus

<p>MASTER AND SERVANT — NEGLIGENCE — RISK OF EMPLOYMENT — SUFFICIENCY OF COMPLAINT.</p> <p>A complaint for the death of an employee is demurrable, when it shows that the peril to which he was exposed by his employment and which resulted in his death, was such as could have been easily seen and appreciated by him.</p> <p>A workman assumes the risk of working near a dam having an angle of about 135 degrees with the surface of the water, where the current is so swift that he cannot swim out of it, should he fall in, if there is nothing to prevent his seeing and appreciating the peril.</p>