Griffiths v. Craney
Griffiths v. Craney
Opinion of the Court
The appellant was injured while in the employ of the respondent, and brought this action to recover for such injuries, alleging that the same were caused by the negligence of the respondent. At the time of the injury the respondent was engaged as contractor in constructing a county road near Ohattaroy, Spokane coun
The action is prosecuted on the theory that it was negligence on the part of the foreman not to see that the chain was hitched securely to the scraper, and that the foreman’s negligence is the negligence of his principal, the respondent in this action. The trial court held, however, that the appellant assumed the risk of injury from the manner in which the work was being done, and we think the holding must be sustained. There was nothing about the work that needed special Supervision. The appellant knew as well what must be done to get the scraper to the top of the grade as did the- foreman, and everything that was done in accomplishing that end was done directly before his eyes. If the chain was insecurely fastened, he, as a reasonably prudent naan, ought to have known it, and either insisted upon its being corrected, or gotten out. of the- track of the scraper in case the hitch should give way and let it roll back down the hill. The evidence shows that he had the opportunity to do both or either, and his injury must be held to be the result of his own neglect.
It is true, the appellant testifies that he did not see the crack in the tongue-, nor hear his fellow workman give warning of that fact; but, as we said in Steeples v. Panel etc. Box Co., 33 Wash. 359, 74 Pac. 475, “A plaintiff cannot recover simply by making a statement of that kind, if, under the circumstances, it was his duty, as a reasonably prudent man, to- have made such an examination as would have resulted in the desired information.” Here we think it was plainly his duty to have made the examination, and that he cannot be heard to plead his ignorance of facts he ought to- have known as the basis of his right to- recover.
Reference
- Full Case Name
- George Griffiths v. J. E. Craney
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Master and Servant—Negligence—Injury to Workman Recovering Grading Machine—Insecurely Attaching Chain—Assumption oe Risk—Nonsuit. In an action against a contractor for personal injuries sustained by a workman in assisting to recover a grading scarper that had fallen off the grade, the plaintiff assumed the risk and a nonsuit is properly granted, where it appears that the scraper fell upon the plaintiff because of insecurely attaching a chain near a crack in the tongue, which was broken by the fall, that the crack was observed by the other workmen and a caution given as to attaching the chain there, and the work was done in the presence of the plaintiff, who had opportunity to see that the chain was securely fastened, or to have gotten out of the way, in case it was not; and the contractor cannot be held liable on the theory that it was the duty of the foreman in charge to see that the chain was securely fastened, where the work was left to the men and needed no special supervision.