Ralph v. American Bridge Co. of New York

Citations

• 30 Wash. 500
• 70 P. 1098
• 1902 Wash. LEXIS 715

Syllabus

<p>MASTER AND SERVANT-SAFE APPLIANCES FOR WORK-DEFECTIVE LADDER.</p> <p>The rule requiring tbe master to exercise reasonable care in providing tbe servant with reasonably safe appliances affords a right of recovery to a workman injured by reason of tbe defective condition of a beam made into a ladder by means of cleats nailed across it, and used by tbe foreman and workmen as a ladder in tbe construction of a bigb, steel-frame building, since tbe very necessities of work upon sucb a’ structure would impose tbe duty upon tbe master of furnishing adequate ladders.</p> <p>SAME — NEGLIGENCE-PROXIMATE CAUSE — CONCURRING ACTS OF MASTER AND FELLOW SERVANT.</p> <p>Even if the negligence of a fellow servant in constructing and adjusting the ladder concurred with that of the master in failing to supply a suitable ladder, it would not excuse the primary negligence of the master for injury to another of his servants.</p> <p>SAME-NEGLIGENCE OF THIRD PARTIES-INSTRUCTIONS.</p> <p>In an action against the contractor for the steel frame work of a building to recover for injuries received by reason of having been compelled to use a defective ladder, in which the defense was interposed that the ladder was made insecure through the prior acts of stone masons employed in connection with the building, an instruction is not misleading as localizing the position of the masons at the bottom of the work, when it charges the jury that if at the time plaintiff was injured certain stone masons were employed near the foot of tjie ladder in question, and if the plaintiff was injured on account of any act of theirs and not by negligent acts on the part of defendant, plaintiff could not recover.</p>