Murphy v. Pacific Telephone & Telegraph Co.

Citations

• 68 Wash. 643
• 124 P. 114
• 1912 Wash. LEXIS 1345

Syllabus

<p>Master and Servant — Safe Place — Contributory Negligence— Assumption of Risks — Reliance on Promise — Question for Jury. Whether the master was guiljty of negligence in failing to guy a telephone pole, and whether a telephone lineman, injured by the fall of two telephone poles, is guilty of contributory negligence or assumes the risks, is for the jury, where it appears that a crew of men under a foreman were engaged in resetting new poles on an old line, the foreman directed the guying of all dangerous poles that had to be ascended, which work was done by part of the crew working ahead of the plaintiff, that a dangerous corner pole was left unguyed when it should have been guyed if the adjoining pole was to be ascended, that the foreman directed the plaintiff to ascend the adjoining pole, which he did without inspecting it or knowing that the corner pole was unguyed, and was injured by the consequent fall of the two poles; the plaintiff and his assistant having no equipment for guying poles and the foreman having promised to do the necessary guying; since the plaintiff had a right to rely on such promise, if he did not know that it was not guyed, and the master in such case assuming the risk from failure to guy the corner pole.</p> <p>Evidence — Expert Evidence — Opinions. In an action for injuries sustained by a lineman in the work of replacing old telephone poles, an experienced lineman may, after describing the defective condition of a corner and an adjoining pole which fell, give his opinion as an expert, in an answer to hypothetical questions, that the corner pole should have been guyed before the adjoining pole was ascended.</p> <p>Master and Servant — Relation—Telephone Company. The law of master and servant applies to the relation existing between telephone companies and their employees.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $25,000 reduced by the trial court to $20,000, for personal injuries sustained by a lineman through