Cooper v. City of Seattle

Citations

• 16 Wash. 462
• 47 P. 887
• 1897 Wash. LEXIS 344

Syllabus

<p>STREET IMPROVEMENTS—LIABILITY OF CITY FOR NEGLIGENCE—INDEPENDENT CONTRACTOR.</p> <p>Where under its charter a city is given the management, control and superintendence of public streets and of the making of improvements therein, and the management, building and repairing of all sewers, whether such improvements are made by contractors or by the city directly; and, under a contract for the improvement of a street, the city retains the right to direct or control the work and to discharge all persons employed thereon who should neglect or refuse to obey the city engineer, the contractor is not an independent one, within the meaning of the rule which exempts a city from liability for an injury caused by negligence in theprosecution of the work, but the city stands in the position of respondeat superior.</p>