Parr v. City of Spokane

Citations

• 67 Wash. 164
• 121 P. 453
• 1912 Wash. LEXIS 1139

Syllabus

<p>Master and Servant — Negligence—Safe Place — Evidence—Sufficiency. Negligence in lowering a heavy bucket, containing three tons of concrete, into the forms for a bridge pier, while the bucket was swinging, whereby it broke the forms and caused the death of an employee at the base of the pier, is a question for the jury, where the city engineer testified that a swinging bucket should be stopped by the signalman before it entered the forms, which was not done, and a witness testified that the bucket had a swing of 10 or 12 feet; and it is immaterial that no witness testified as to what caused the swinging, or how it could be stopped; the inference from natural laws being sufficient.</p> <p>Master and Servant — Assumption of Risks — Safe Place — Negligence of Signalman — Fellow Servants. A servant working by order of the foreman at the base of a bridge pier while the forms were being filled with concrete, may assume the safety of the place, and does not assume the risk of negligence of the signalman whereby a bucket of concrete broke the forms; as the signalman is not a fellow servant but a vice principal performing a nondelegable duty of the master.</p>