McClellan v. Gerrick

Citations

• 48 Wash. 524
• 93 P. 1087
• 1908 Wash. LEXIS 910

Syllabus

<p>Negligence — Dangerous Premises — Assumption of Risk — Contributory Negligence — Evidence—Sufficiency. An inspector of a steel building in course of construction assumed the risks and is guilty of contributory negligence precluding any recovery from a subcontractor who gave an assurance of safety, where it appears that it was part of Ms duty to carefully examine every piece of material, and see that it was properly riveted, and that, relying on the contractor’s statement that all pieces were riveted, he undertook to cross a high beam and was injured by reason of its not being riveted, it appearing that the defect was obvious to casual inspection, and one which it was his duty to detect, and which he testified he would have seen if he had looked.</p>