Remsnider v. Union Savings & Trust Co.

Citations

• 89 Wash. 87
• 154 P. 135
• 1916 Wash. LEXIS 654

Syllabus

<p>Master and Servant — Injuries to Servant — Workmen’s Compensation— Extra Hazardous Employments — Dangerous Place — “Workshop.” A janitor in an office building, engaged in cleaning the walls of an elevator shaft wherein an elevator was operated by electrical power, is not engaged in “extra hazardous work” within the meaning of the workmen’s compensation act, 3 Rem. & Bal. Code, §§ 6604-2 and 6604-3, providing compensation for injuries received in employments recognized as “inherently and constantly dangerous” and enumerating certain occupations as such, in which enumeration is included “workshop,” defined as a “room or place wherein power-driven machinery is employed;” since the place was not a “workshop” and it is not provided that employment in every place wherein such machinery is used is impressed with an extra hazardous character.</p> <p>Same — Workmen’s Compensation Act — Extra Hazardous Employments — Statutes. The work of a janitor in cleaning the walls of an elevator shaft in an office building is not “extra hazardous” within the meaning of the workmen’s compensation act, 3 Rem. & Bal. Code, § 6604-1 et seq., by reason of the clause in § 6604-2, providing that, if there be or arise any extra hazardous occupation or work other than those enumerated, it shall come under the act and its rate of contribution to the accident fund shall, until fixed by legislation, be determined by the industrial insurance department, where such employment has not “come to be, and to be recognized as being, inherently and constantly dangerous” as provided in such section, nor enumerated in any of the schedules of extra hazardous employments of § 6604-3, nor in any of the classifications of § 6604-4, nor classified by the department as extra hazardous nor its rate of contribution fixed as provided in such clause of § 6604-2.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for 85,000 for personal injuries sustained by a janitor, 54 years of age, crushed in an ele