Griffiths v. Craney

Citations

• 38 Wash. 90
• 80 P. 274
• 1905 Wash. LEXIS 1123

Syllabus

<p>Master and Servant—Negligence—Injury to Workman Recovering Grading Machine—Insecurely Attaching Chain—Assumption oe Risk—Nonsuit. In an action against a contractor for personal injuries sustained by a workman in assisting to recover a grading scarper that had fallen off the grade, the plaintiff assumed the risk and a nonsuit is properly granted, where it appears that the scraper fell upon the plaintiff because of insecurely attaching a chain near a crack in the tongue, which was broken by the fall, that the crack was observed by the other workmen and a caution given as to attaching the chain there, and the work was done in the presence of the plaintiff, who had opportunity to see that the chain was securely fastened, or to have gotten out of the way, in case it was not; and the contractor cannot be held liable on the theory that it was the duty of the foreman in charge to see that the chain was securely fastened, where the work was left to the men and needed no special supervision.</p>