Christensen v. Hawley

Citations

• 61 Wash. 14
• 111 P. 1061
• 1910 Wash. LEXIS 1274

Syllabus

<p>Master and Servant — Negligence— Safe Place — Evidence — Usual Construction. In an action for personal injuries sustained in the fall of a temporary trestle, put up for the purpose of filling up with dirt, and which collapsed during the process of construction because of the removal of stays, it is error to receive evidence as to the usual construction of trestles intended to be used as permanent structures.</p> <p>Evidence — Experts—Opinions. Opinion evidence is inadmissible to prove negligent construction where twenty-five bents, fourteen to twenty-seven feet high, unsupported by braces, collapsed, when hauled from one end by a team on a block and tackle; since the matters were within common knowledge.</p> <p>Master and Servant — Negligence—Instructions. Where twenty-five bents of a trestle fell when pulled on by a team, in raising a bent with a block and tackle, the instructions should not submit the question whether the structure was reasonably safe for the purpose for which it was intended but should submit whether it was strong enough and reasonably safe to hold the pulley on the block and tackle.</p> <p>Same — Fellow Servants. The negligence of a fellow servant is no defense where negligence on the part of the master is established.</p>