Kendall v. Johnson

Citations

• 51 Wash. 477
• 99 P. 310
• 1909 Wash. LEXIS 1215

Syllabus

<p>Evidence — Parol Evidence Affecting Writing — Independent Contractors — Master and Servant. In an action against the principal contractor on railroad construction work, for injuries sustained from a blast set off by a subcontractor, it is competent for the plaintiff to show by oral evidence that the relation between the contractors was that of master and servant and that defendant had actual control of the work, regardless of the terms of the written contract between them.</p> <p>Master and Servant — Relation—Terms of Contract. The terms of a written contract held to constitute the relation of an independent contractor.</p> <p>Same — Liability for Acts of Independent Contractor — Blasting. A contractor on railroad work is, generally, not liable for injuries caused by a blast set off by an independent contractor to whom part of the work had been sublet, where the work was not unlawful or the injury due to defective plans or methods, and the work was being done in the mountains far from any human habitation, and was not so inherently dangerous in itself that it would probably result in injury to third persons.</p>