Goddard v. Interstate Telephone Co.

Citations

• 56 Wash. 536
• 106 P. 188
• 1910 Wash. LEXIS 840

Syllabus

<p>Master and Servant — Contributory Negligence — Apparent Dangers — Duty of Lineman to Observe Defects. An experienced lineman employed in the capacity of a “troubleman” to remedy all kinds of trouble on the line, and in charge of the operating department out on the line, who was injured by a fall from a telephone pole by reason of a bent iron step which caused his foot to slip off, is guilty of contributory negligence which was the proximate cause of his injury, and it is error to refuse a nonsuit, where it appears from his testimony that the right way to ascend a pole is to use the hands and feet on each step in the ascent, the accident occurred in the open on a clear day, the defect was apparent at a glance, and the plaintiff made no inspection and did not observe the defect even in grasping it in his hand or in passing, and he was in a better position to see it than any one else, and where it was established that it was his duty to inspect the construction and repair, and correct or report if anything was wrong.</p>