Larson v. American Bridge Co.
Citations
- 40 Wash. 224
- 82 P. 294
- 1905 Wash. LEXIS 966
Syllabus
<p>Evidence — Agency—Hearsay. Upon an issue as to whether plaintiff’s employer, one G, was an independent contractor or merely the agent of the defendant (the principal contractor in the construction of a building), the declarations of G are inadmissible for the purpose of showing that he was merely an agent.</p> <p>Contracts — Construction. The construction of a written contract which is unambiguous, is a question for the court, without submission to a jury.</p> <p>Master and Servant — Independent Contractor — Negligence — Liability oe Original Contractor to Servants of Subcontractor. Subcontractors for the erection of a structure under a written contract whereby they have sole charge of the erection work, entirely controlled its method, and employed the men, are independent contractors, and the original contractor is not liable to those engaged upon the work for personal injuries due to the neglect of the subcontractors, since the relation of master and servant does not exist; and the retention of the right to supervise the work for the purpose of merely determining whether it is done according to the contract does not affect the independence of the relation.</p> <p>Trial — Special Interrogatories — No Evidence to Sustain Answers — Estoppel—Challenge to Sufficiency of Evidence — When Not Waived. Requesting the submission of special interrogatories does not make the answers binding, where there was no evidence to sustain the findings, and the defendant had challenged the sufficiency of the evidence by motions for nonsuit and for a directed verdict for insufficiency of the evidence.</p> <p>Appeal — Decision—Giving Respondent Benefit of Eeeoe. Where there was no evidence to sustain a verdict against the defendant and his challenge to the evidence was improperly overruled, but a verdict for the plaintiff was set aside and a new trial granted on other grounds, the defendant is entitled, on appeal by the plaintiff, to a dismissal of the case.</p>
Judges: Hadley
Read full opinion on CourtListenerCited by
31 cases in this archive cite this case; the 20 most cited are listed.
- Kelley v. Howard S. Wright Construction Co.Washington Supreme Court· 1978-07-27· cited 150×
- Epperly v. City of SeattleWashington Supreme Court· 1965-02-25· cited 96×
- Fenimore v. Donald M. Drake Construction Co.Washington Supreme Court· 1976-05-06· cited 86×
- Afoa v. Port of SeattleWashington Supreme Court· 2013-01-31· cited 71×
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976)· 1933-05-02· cited 68×
- E. L. Jones Construction Co. v. NolandArizona Supreme Court· 1970-03-19· cited 58×
- Globe Indemnity Co. v. Victill Corp.Court of Appeals of Maryland· 1969-10-01· cited 54×
- Kelly v. TyraSupreme Court of Minnesota· 1908-01-24· cited 39×
- Glover v. Richardson & Elmer Co.Washington Supreme Court· 1911-08-01· cited 31×
- North Bend Lumber Co. v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court· 1913-10-29· cited 25×
- Campbell v. JonesWashington Supreme Court· 1910-10-03· cited 24×
- Simila v. Northwestern Improvement Co.Washington Supreme Court· 1913-04-28· cited 23×
- Fardig v. ReynoldsWashington Supreme Court· 1960-01-28· cited 22×
- Allen v. Farmers & Merchants BankWashington Supreme Court· 1913-10-10· cited 21×
- Roe v. Standard Furniture Co.Washington Supreme Court· 1906-02-02· cited 20×
- Machenheimer v. Department of Labor & IndustriesWashington Supreme Court· 1923-04-05· cited 18×
- Bancroft v. GodwinWashington Supreme Court· 1905-12-28· cited 17×
- Johnston v. Seattle Taxicab & Transfer Co.Washington Supreme Court· 1915-05-22· cited 17×
- Larsen v. Home Telephone Co.Michigan Supreme Court· 1911-02-01· cited 15×
- Cary v. Sparkman & McLean Co.Washington Supreme Court· 1911-03-08· cited 11×
Cites
11 cases in this archive are cited by this case.
- Pioneer Fireproof Construction Co. v. HansenIllinois Supreme Court· 1898-10-24· cited 62×
- Western Security Co. v. DouglassWashington Supreme Court· 1896-03-09· cited 18×
- Miller v. Moran Bros.Washington Supreme Court· 1905-09-01· cited 17×
- Bernhard v. ReevesWashington Supreme Court· 1893-05-31· cited 17×
- Aldritt v. Gillette-Herzog Manufacturing Co.Supreme Court of Minnesota· 1902-01-10· cited 14×
- Comegys v. American Lumber Co.Washington Supreme Court· 1894-05-17· cited 12×
- Hughbanks v. Boston Investment Co.Supreme Court of Iowa· 1894-10-20· cited 10×
- Gregory v. LooseWashington Supreme Court· 1898-07-12· cited 9×
- Ziebell v. Eclipse Lumber Co.Washington Supreme Court· 1903-12-23· cited 9×
- Mitchell v. MathesonWashington Supreme Court· 1901-01-07· cited 3×
- Dixon v. BausmanWashington Supreme Court· 1897-07-08· cited 2×
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