Gibson v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 61 Wash. 639
• 112 P. 919
• 1911 Wash. LEXIS 1136

Syllabus

<p>Master and Servant— Negligence — Safe Place — Assurance— Evidence. Where the foreman of railroad construction work, after a blast and complaint of loose rock, inspected the face of a rock ledge, supervised the barring down of loose rock, and informed tunnel men, who could not see the whole face of the ledge, that the place was safe, they had a right to rely thereon, and the fall of loose rock shortly thereafter is some evidence of negligence on the part of the foreman, it appearing that the place might have been made safe.</p> <p>Same — Evidence—Sufficiency—Trial—Taking Case Prom Jury. In such a case, the testimony of the foreman to the effect that the barring down of the loose rock was carefully done, does not warrant the court in deciding, as a matter of law, that due care had been exercised; since the foreman is an interested witness and the question is for the jury.</p> <p>Master and Servant — Safe Place — Negligence—Duty to Independent Contractor. Where defendant’s foreman undertook to render a working place in the side of a ledge safe from falling rock, and reported that the same was safe, the defendant is liable to men working there injured by reason of falling rock and reliance on the foreman’s assurance, whether they were working as employees of the de-' fendant or as independent contractors on the tunnel.</p> <p>Master and Servant — Negligence—Safe Place — Pleadings—Complaint. A complaint for personal injuries need not specifically allege that the defendants knew, and that plaintiff was ignorant of, the dangers of the working place, where these facts are to be inferred from the facts alleged.</p>