Gasof v. Standard Ice Co.

Citations

• 71 Wash. 537
• 129 P. 101
• 1913 Wash. LEXIS 1361

Syllabus

<p>Master and Servant — Injury to Third Persons — Negligence. Where a contractor on street work knew that persons were working in an excavation near the street line, he is liable for injuries caused by his servants’ negligence in placing a rock where it rolled down and injured a man rightfully at work in the cut.</p> <p>Trial — Issues and Prooe — Instructions. Upon an issue as to whether defendant had notice of work going on in a cut near the street line under a city permit, the jury may take into consideration the fact that a permit had been issued for such work, where there was evidence that the defendant had' seen the permit, and had inspected the work, and urged its completion; since the permit was one item in the line of circumstances tending to show notice.</p> <p>Damaqes — Personal Injuries — Excessive Verdict. A verdict for $1,000 is not excessive where plaintiff was severely injured by being struck by a boulder, two ribs were broken and he suffered other bruises.</p> <p>Master and Servant — Safe Place — Negligence. An employer is not liable to a servant working in an excavation, and injured through the negligence of servants of another employer, working in a street above, in plowing up and rolling a boulder down into .the excavation, where there was nothing to indicate that there was any danger from falling objects.</p>