Kelly v. Cowan

Citations

• 49 Wash. 606
• 96 P. 152
• 1908 Wash. LEXIS 631

Syllabus

<p>Constitutional Law — Judicial Power. The courts are bound to apply the law as made by the legislature, without putting humanitarian considerations above it.</p> <p>Master and Servant — Personal Injuries — Safe Place — Assumption of Risks — Evidence—Sufficiency. An employee in the construction of a building, struck by a falling brick, assumes the risk as a matter of law,, where it appears that while he would be engaged in putting a wheelbarrow of brick on one elevator at the bottom of the shaft, another employee at the top of the shaft would be removing another load from the other elevator, that he knew that bricks were liable to be jostled off from the load and fall down the shaft, and a brick was jostled and fell, the elevator platform not being flush with the upper floor.</p>