Dahl v. Puget Sound Iron & Steel Works

Citations

• 77 Wash. 126
• 137 P. 315
• 1913 Wash. LEXIS 1905

Syllabus

<p>Master and Servant — Safe Place — Assumption of Bisks. A servant who made daily use for a year and a half of a perpendicular ladder nailed to the side of a building assumes the risks from improper construction of the ladder, or want of sufficient light, or from the fact that the ladder was perpendicular, throwing great weight on the hands.</p> <p>Master and Servant — Safe Place — Negligence—Evidence—Sufficiency. The negligence of the owner of a foundry, in removing one step of a ladder on the side of the building, and allowing a portion of the framework of the building to take its place, but which was too large to be grasped by the hands, is not sufficiently established, where the only evidence of its removal was the statement of the plaintiff, who testified that the ladder was in perfect condition a year and a half before the accident, and he did not notice the defective condition until just before he fell, after having used the ladder many times each day, and six or seven times previously on the day of the accident, there being no evidence that any one else was on the ladder after he had last used it; since he either assumed the risks, or if the step was removed after he last used it, the master had no notice thereof.</p>