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>