Miller v. Moran Bros.

Citations

• 39 Wash. 631
• 81 P. 1089
• 1905 Wash. LEXIS 916

Syllabus

<p>Master and Servant—Servant Injured by Negligence oe Independent Contractor—Obligation to Furnish Independent Contractor with Appliances—Selection oe Improper Appliance by Servants oe Independent Contractor. A master is not liable to. its servant, injured by the negligence of employees of an independent subcontractor on part of the work in making use of unsafe appliances, where it appears that the agreement with the independent contractor did not require the master to furnish the appliances, and that suitable appliances were on the premises and no request was made therefor upon any of the master’s officers or foremen, but the improper appliances used were selected by employees of the independent contractor without the knowledge of the master.</p> <p>Same—Obligation to Independent Contractor. The duty of a master, who delegates part of the work to an independent contractor, to furnish him with suitable appliances would not render the master liable to his own employees for negligence of the independent contractor in respect to appliances used, although the master retained and exercised general supervision over the work, when the choice of methods was left entirely to the independent contractor.</p> <p>Same. There is no violation of a master’s duty to furnish an independent contractor with suitable appliances for carrying on the work, by reason of the fact that none were at the tool house when sent for, where there was no request therefor made upon any of the master’s officers or foremen.</p> <p>Same. The fact that a master had been furnishing appliances to an independent contractor would not render the master liable to its own employee for the negligence of the independent contractor in furnishing an unsafe device.</p> <p>Same—Duty to Furnish Safe Place—Assumption oe Risk— Servant Working Under Heavy Steel Plate Being Put in Place by Independent Contractor—Use oe Unsafe Appliance by Contractor—Knowledge of Servant—Constantly Changing Dangers in Construction oe Ship.