Seattle Lighting Co. v. Hawley

Citations

• 54 Wash. 137
• 103 P. 6
• 1909 Wash. LEXIS 958

Syllabus

<p>Explosives — Dangerous Work- — -Assignment of Contract for Street Grading — Liability for Acts of Independent Contractor. Tbe original contractor for tbe grading of a public street, wbo bad assigned tbe contract to an independent contractor using bis own methods free from control except as” to tbe results obtained, is not liable for damages caused by a dynamite explosion in tbe prosecution of tbe work, where it is not shown that tbe use of dynamite was contemplated in tbe contract or customary in improvements of like character; since tbe grading of a street in such a case is not so inherently dangerous as to come within tbe exception to the rule of nonliability for tbe acts of independent contractors.</p> <p>Municipal Corporations — Improvements — Liability of Contractor — Assignment to Independent Contractor. After assignment of a contract for street improvements to an independent contractor, the original contractor is not liable for the negligence of the former causing damages to the private property of a gas company in the streets; since the duty owed the gas company is entirely different from that owed to the traveling public.</p> <p>Same — Prohibition of Assignment — Effect. That an assignment of a contract for street improvements is prohibited by the terms of the contract and by the city charter, does not affect the legal relations of the parties, or render the assignor liable for the acts of the assignee; since the prohibitions were intended for the benefit of the city.</p> <p>Same — Terms of Contract. The fact that contractors for a street improvement agreed with the city to do the work at their own risk, does not render them liable for negligence of their assignees, if the city was not liable therefor.</p>