Penson v. Inland Empire Paper Co.

Citations

• 73 Wash. 338
• 132 P. 39
• 1913 Wash. LEXIS 1605

Syllabus

<p>Master and Servant — Safe Place — Scaffolds—Duty of Master —Act of Foreman — Fellow Servants. Where the foreman in complete charge of the painting of a building assumed the duty of constructing the scaffolds for the use of the painters, negligence in doing the work must ho imputed to the master and is not that of a fellow servant.</p> <p>Same — Liability for Acts of Foreman — Apparent Authority— Limitations. Where a foreman, empowered to hire and discharge men and in complete control of the work of painting a building, assumed the duty of constructing the scaffolds, evidence of limitations upon his authority is inadmissible without proof of knowledge thereof.</p> <p>Same — Duty as to Scaffolds — Evidence—-Admissibility. In an action for injuries to a painter through the fall of a scaffold, evidence of a custom among. painters to erect their own scaffolds is inadmissible where it was undisputed that they were erected by the master’s foreman.</p> <p>Same — Negligence—Evidence—Res Ipsa Loquitur. A prima facie case of negligence is made out, under the rule of res ipsa loquitur, by the breaking of a 2x4 supporting a scaffold for painters, while used as intended, and which was constructed for their use by the master’s foreman and his assistant.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $30,000 for injuries to an able-bodied painter, 42 years old, earning $1,200 a year, whereby he was paralyzed from- the waist down, and his earning capacity destroyed, is excessive, and should be reduced to $22,000.</p>