Engler v. City of Seattle

Citations

• 40 Wash. 72
• 82 P. 136
• 1905 Wash. LEXIS 940

Syllabus

<p>Master and Servant — When Relation ' Exists — Municipal Corporation and Independent Contractor — Personal Injuries to Employee oe Contractor on Street Work — Negligence oe City Engineer — Power to Superintend Work and Discharge Men. A contractor for the construction of a cement sidewalk, having full control of the manner of doing the work and the selection of his men and and materials, is an independent contractor, although his contract provides that the improvement shall he under the superintendence of the city engineer, whose directions shall be obeyed, that orders shall be given to the contractor or his superintendent having immediate charge, and that incompetent men shall be discharged on his requisition; and the city is therefore not liable to an employee of the contractor, a laborer in a gravel pit, for injuries sustained through obeying an order of the city engineer to work in a dangerous place; since the contract gave the engineer no right to direct individual employees, and the power of superintendence does not affect the relation of an independent contractor.</p>