Northern Pacific Railway Co. v. Tillotson

Citations

• 84 Wash. 678
• 147 P. 423

Syllabus

<p>Master and Servant — Relation — Independent Contractors— Counties — Liability to Third Persons — Complaint. Under the rule that the principal is liable for the acts of an independent contractor, when the character of the work is inherently and intrinsically dangerous, a complaint by a railway company against a county states a cause of action when it alleges that the county let a contract for the construction of a state road knowing that it was inherently dangerous and would result in damaging plaintiff’s right of way, tracks and telegraph wires adjacent thereto, and in endangering the operation of the trains; that the contractor, under plans and specifications given by the county, used explosives for the purpose of removing stones and stumps, throwing stones, stumps, etc., across the right of way, railway tracks and telegraph wires; and that he felled trees in such a negligent manner as to allow them to fall onto and across the right of way, railway tracks and telegraph wires of plaintiff; the methods employed being contemplated, and sanctioned, and acquiesced in by the county, which at all times had knowledge of the methods whereby the contract was being completed, and at all times during the construction of said highway controlled the manner of doing the work.</p>