Etheridge v. Gordon Construction Co.

Citations

• 62 Wash. 256
• 113 P. 639
• 1911 Wash. LEXIS 686

Syllabus

<p>Master, and Servant — Contributory Negligence — Assumption of Risks — Question for Jury. Whether a workman, engaged in taking down a building, was guilty of contributory negligence or assumed the risks in removing a purlin supporting the trusses, is for the jury, where there was evidence that he did so upon the order of the general foreman who was following the general plan adopted by the master, although he had been warned the day before by another workman or foreman that it was extremely dangerous to remove the purlin.</p> <p>Master and Servant — Safe Place. In the taking down of an exhibition building with a view of preserving its parts to be again erected for use, the master owes the duty of furnishing a “safe place” in which to work.</p> <p>Same — Fellow Servants. A general foreman in the work of taking down a building who ordered the removal of a purlin is not a fellow servant of a workman carrying out the order.</p> <p>Same — Contributory Negligence — Instructions. Upon an issue l&s to contributory negligence of a workman engaged in taking down a building, after warning by a fellow workman of the dangerous nature of plaintiff’s act, an instruction that there could be no recovery if he was warned by a fellow servant .having greater experience than the plaintiff, is as favorable as defendants can ask.</p> <p>Witnesses — Credibility. In an action for personal injuries, it is not error to allow witnesses who were hurt in the same accident to state whether they had been paid money in settlement of their claims, where the jury were instructed that it was relevant only as touching their interest in the case and the weight to be given their testimony.</p>