City of Seattle v. Peterson & Co.

Citations

• 99 Wash. 533
• 170 P. 140
• 1918 Wash. LEXIS 682

Syllabus

<p>Appeal—Decision—Law of Case. In an action against a city and a contractor for personal injuries due to tlie neglect of the city in failing to maintain proper equipment in its power station, and of the contractor in blowing out a stump affecting electric wires and ground devices, the instructions as to the duty of the city become the law of the case, in the city’s subsequent action to recover over from the contractor for the contractor’s negligence.</p> <p>Judgment—Res Judicata—Parties Concluded — Contribution — Joint Tort Feasors. In an action against a city and a contractor for personal injuries due to the neglect of the city in failing to maintain proper equipment in its power station, and of the contractor in blowing out a stump affecting electric wires and ground devices, a verdict and judgment against the city establishes its independent act of negligence, and is res judicata and bars an action by the city to recover over from the contractor for its concurrent negligence; since there is no contribution between joint tort feasors.</p>