Cary v. Sparkman & McLean Co.

Citations

• 62 Wash. 363
• 113 P. 1093
• 1911 Wash. LEXIS 709

Syllabus

<p>Negligence — Dangerous Premises — Liability op Owner — Master and Servant — Independent Contractor. A building contractor, who undertakes the entire construction of a building, having full charge of the work, the furnishing of labor and material, and exclusive possession, is an independent contractor, and the owner is not liable for his negligence in leaving an opening near the sidewalk during the work of construction, whereby a pedestrian fell into the basement and was injured, where the opening was not a nuisance in the street itself, within Rem. & Bal. Code, § 8S09, and was not called for in the contract, and the injury was not the result of any requirement in the contract.</p> <p>Same— Negligence oe Independent Contractor,— Proximate Cause op Accident. Where a pedestrian stepping off the sidewalk fell into an opening next to the lot line, carelessly left unguarded by the contractor, the proximate cause of the accident is the failure to guard the opening, and not the provisions of the contract calling for a basement window at that place.</p> <p>Chadwick, J., dissents.</p>