Campbell v. Jones

Citations

• 60 Wash. 265
• 110 P. 1083
• 20 A.L.R. 671
• 1910 Wash. LEXIS 1037

Syllabus

<p>Master and Servant — Relation — Independent Contractors — “Force Account.” Subcontractors on railroad construction who worked under a “force account” or agreement to furnish the tools, appliances, and men at actual cost, plus a fixed percentage as their profit, are independent contractors, and the relation of master and servant does not obtain between their servants and the railroad company.</p> <p>Master and Servant — Safe Place — Act of Foreman — -Fellow Servants. Railroad contractors are liable to an employee, engaged on a steep hillside, for an injury sustained through the negligent act of their foreman in kicking a stump loose above the working place, causing a rock to roll down the hill; since they owed the nondelegable duty of furnishing a safe place to work and of keeping it safe; and it is immaterial that the act of kicking the stump loose was that of a fellow servant, since the foreman’s duty of superintendence was a continuous one.</p>