Muehlman v. Spokane & Inland Empire Railroad

Citations

• 58 Wash. 327
• 108 P. 764
• 1910 Wash. LEXIS 937

Syllabus

<p>Appeal—Review—Verdict. A special finding of the jury contrary to undisputed evidence and unsupported by any testimony must be disregarded.</p> <p>Master and Servant—Fellow Servants—Safe Place—Defective Scaffold. Where it was customary for carpenters to construct such scaffolding as they and their co-employees needed in the progress of the work, and the master retained no supervision over the construction, and furnished suitable material and employed skillful workmen to put it up, the master is not liable to a fellow carpenter who was not present when the scaffold was erected, but who joined the crew later and fell by reason of insufficient material used in its construction; since the negligence was that of fellow servants.</p>