Jones v. City of Spokane

Citations

• 75 Wash. 266
• 134 P. 925
• 1913 Wash. LEXIS 2218

Syllabus

<p>Master and Servant — Methods of Work- — Negligence—Assumption of Bisks — Question for Jury. In an action for personal injuries sustained by a workman while dismantling a bridge, when an unsupported post fell upon him, the questions of the negligence of the city and the assumption of risks by the plaintiff in placing himself where the post could fall upon him, are for the jury, where the post was left unsupported without giving any warning thereof to the men, and- the plaintiff did not know that the post had been loosened in such a manner that it would fall.</p> <p>Same — Negligent Methods of Work — Contributory Negligence— Evidence — Admissibility. In an action for personal injuries sustained by a workman while dismantling a bridge, when an unsupported post fell upon him, evidence that the foreman, upon a somewhat similar occasion, had shown the plaintiff a flange on the bottom of an unsupported post which held it in position, is admissible to dispel or explain the inference of plaintiff’s contributory negligence arising from placing himself where the post would fall upon Mm; although there was no allegation that the plaintiff had relied upon any assurance of the foreman.</p>