Hicks v. Jenkins

Citations

• 68 Wash. 401
• 123 P. 526
• 1912 Wash. LEXIS 1302

Syllabus

<p>Release — Validity—Fraud—Mental Capacity — Evidence — Sufficiency. Whether a release of damages was understandingly signed is for the jury, where it appears that plaintiff’s skull was fractured, his mentality affected, at times he was dazed and dropped into unconsciousness, he testified that he had no memory of signing the release, and at the time was in a highly nervous and excited condition; the circumstances, in connection with gross inadequacy of consideration, tending to establish a constructive fraud.</p> <p>Master and Servant — Injuries to Servant — Fellow Servants— Safe Appliances — Supervisors. A boiler maker, who was sent with two helpers to put up a ventilating stack on a building, is a vice principal and not a fellow servant of the helpers, where it appears that he was expected to assume the lead and direct the work, and did so, that the stack consisted of heavy sheet-iron sections which had to be hoisted to the top of the building by a rope, six to ten men pulling on it, and that an insecure wall, selected as a fulcrum, gave way under the strain; since the character of the work plainly required supervision, and the master was hound to furnish safe appliances.</p> <p>Same — Assumption oe Risks. In such a case, a helper pulling on the rope below, does not assume the risk of dangers from the insecure wall, as he could assume, without going on the roof to inspect it, that the appliance was safe.</p>