Lewinn v. Murphy

Citations

• 63 Wash. 356
• 115 P. 740
• 1911 Wash. LEXIS 1205

Syllabus

<p>Masker and Servant — Negligence—Safe Place — Fall .of Timber — Cause of Death- — Evidence—Sufficiency. In an action for the death of an employee, struck by the fall of a timber from the third floor of a building' finder construction, a- nonsuit is properly granted Where there.was no evidence, directly or indirectly, as to the cause 'of the fall of the timber, or that it was negligently piled, and nothing to show that the place was not a reasonably safe place to work, 'except the accident itself.</p> <p>Same — Safe Place — Incompleted Structures. The doctrine of safe-place dbes not apply to the construction of buildings, where the situation is constantly changing, with the same force that it does to completed structures and fixed places.</p> <p>Same — Res Ipsa Loquitur. The doctrine of res ipsa loquitur is not applicable to an injury to an employee from the falling of a piece of loose timber in an incompleted building with practically open spaces between the different floors.</p>