Smith v. Seattle School District No. 1

Citations

• 112 Wash. 64
• 191 P. 858
• 1920 Wash. LEXIS 723

Syllabus

<p>Counties (59)—Representation—Torts oe Oeeioers or Agents— School Superintendent as Agent—Liability. A county is not liable under the doctrine of respondeat superior for the torts or negligence of the county superintendent, as the relation of principal and agent does not exist, since the officer is elected by the people, his duties prescribed by statute, and not subject to the control of the county in the execution of its governmental powers.</p> <p>Schools and School Districts (29-1)—Negligence (6)—Danger-ous Elevator in School Building—Care as to Employee oe Licensee. A school district' is not liable for injury suffered by a twelve-year-old boy through the dangerous condition of an elevator used by him while employed by the manager of a lunch room in a high school building during the holding of a teachers’ institute in charge of the county superintendent, since the superintendent was a mere licensee under Rem. Code, § 4481, granting permission to use the school room for certain public gatherings; and the boy being an employee of the licensee, was entitled to no greater rights in respect to the condition of the elevator.</p>