Koloff v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 71 Wash. 543
• 129 P. 398
• 1913 Wash. LEXIS 1362

Syllabus

<p>Master and Servant — Safe Place — Negligence of Foreman— Proximate Cause — Evidence—Sufficiency. Negligence of the defendant’s foreman in dropping a brick upon and killing plaintiffs decedent is sufficiently shown where it appears that he was tossing the bricks around immediately above where he had set the men to work and that one of them fell, and that deceased was killed by the fall of a brick.</p> <p>Same — Fellow Servant — Foreman in Charge of Work — Safety of Place — Necessity of Supervision — Assumption of Risks. Where a foreman negligently tossed bricks around immediately above the place where he had set men to work, killing a man, he infringed the duty of the master to furnish a safe place, and there is no question of fellow servants or assumption of risks involved.</p> <p>Death — Actions for Wrongful Death — Proof of Marriage and Dependency — Evidence—Sufficiency. In an action for wrongful death, there is sufficient evidence of marriage of the deceased and dependency, where his brother testified that he attended the wedding in a foreign country ten years before, that the ceremony was performed by a priest according to the customs of the country, and that the parties lived together until the deceased came to this country and that three children were born to them.</p> <p>Executors and Administrators — Appointment—Waiver of Right —Right to Question — Collateral Attack. An appointment of a suitable person as executor cannot be collaterally attacked by a third person, as having been made before the expiration of the forty days in which the widow and next of kin could apply, where they waived their right by failing to apply within the forty days.</p> <p>Death — Action by Administrator — Authority—Consent of Beneficiary — Necessity. In an action by an executor for wrongful death, brought for the benefit of the widow and children of the deceased, it must be shown that the widow has sanctioned and authorized the suit.</p> <p>Same — Evidence of Consent- — Admissib