Frostman v. Stirrat & Goetz Investment Co.

Citations

• 65 Wash. 608
• 118 P. 742

Syllabus

<p>Municipal Corporations- — Sidewalks—Abutting Owners — Falling Objects — Building Permits — Violation op Ordinance — -Injuries —Proximate Cause. Where a building permit was issued to the owner of premises, who let the work to an independent contractor, and no staging over the sidewalk was constructed when the first story was completed, as required by a city ordinance, the owner of the premises is liable to one lawfully on the sidewalk area who was injured by being struck by a plank which fell or was thrown from an upper story of the building upon the unprotected sidewalk area; failure to construct the staging being the proximate cause of the injury.</p> <p>Same — Assumption op Risks — Rights op Abutters. In such a case, the injured party, lawfully working for the city on the sidewalk area in debris that bad accumulated, is not a trespasser and does not assume risks except such as be might encounter in tbe debris.</p> <p>Same — Independent Contractors — Permit to Owner. Tbe fact that it was tbe duty of tbe independent contractor to erect tbe staging over tbe sidewalk area does not relieve tbe owner of tbe premises from liability for failure to have tbe staging up, where tbe permit for tbe construction of tbe building was issued to him and be agreed to comply with tbe ordinance.</p>