Nelson v. Smyth Construction Co.

Citations

• 59 Wash. 232
• 109 P. 804
• 1910 Wash. LEXIS 1174

Syllabus

<p>Master and Servant — Negligence oe Foreman — Excavations— Fall oe Rock — Questions eor Jury. The negligence of a foreman in changing a stream of water in hydraulicing a bank of earth is for the jury, where it appears from the testimony of the plaintiff, a laborer engaged about the sluice boxes, that he was directed by the foreman to start a rock down the box, and while so engaged the stream was changed and directed against the bank above him without any warning, dislodging a rock which rolled upon him, although he started to run away as soon as the stream was changed.</p>