Wolfin v. Shafer Bros. Land Co.
Wolfin v. Shafer Bros. Land Co.
Opinion of the Court
— This is an action for personal injuries broug’ht by the respondent against the appellant. At the time the accident, which gave rise to the action occurred, the appellant owned and operated a six-story office building situated in the city of Seattle. The respondent was then an employee of the appellant, working in the building under the direction and control of the janitor of the building, also an employee of the appellant. On the day of the accident, the janitor desired to move some lumber then in the base
The first contention of the appellant is that the respondent was injured through the act of a fellow servant and not of a vice principal. The argument is that the respondent and the janitor were with reference to the particular work fellow servants, and that any order given by the one to the other relating thereto was a mere detail of the work, no more binding upon the master than it would have been had the positions of the parties to the work been changed and the respondent had directed the janitor to enter the elevator cage and remove the lodged piece of lumber. In other words, the argument is that the situation is no different from what it would have been had the master
In sustaining the judgment of the trial court it is not necessary to deny, nor do we deny, the principle announced in the cases of Desjardins v. St. Paul &
The other contention is that the respondent was guilty of contributory negligence. This contention is founded on the claim that the respondent entered the elevator shaft with the knowledge that no precaution had been taken to stop the operation of the elevator while he might he engaged in the shaft. But we cannot think the record justifies this conclusion. The most that appears is that he did not stop to so inquire after he had been directed to enter the shaft. It was not shown that he knew no such precaution had been taken. On the contrary the inference is the other way, since it appeared that the elevator had remained stationary at one of the top floors during the time of the work prior to the injury. The question whether the appellant was guilty of contributory negligence was therefore one of fact for the jury rather than one of law for the court.
The judgment is affirmed.
Main, C. J., Mitchell, Tolman, and Parker, JJ., concur.
Reference
- Full Case Name
- Paul Wolfin v. Shafer Brothers Land Company
- Status
- Published
- Syllabus
- Master and Servant — Injury to Servant — Nondelegable Duties —Fellow Servants. Where an employee was ordered into an elevator shaft to dislodge a piece of lumber, it is the nondelegable duty of the master to protect him from injury by the descent of an elevator operated by a fellow servant, and the failure of the servant outside the shaft directing the plaintiff’s work to take the necessary precautions is the negligence of the master, making the law of fellow servants inapplicable. Same — Injury to Servant — Contributory Negligence — Question eor Jury. Where an employee was ordered into an elevator shaft to dislodge.a piece of lumber, it was not contributory negligence, as a matter of law, for him to enter the shaft without inquiring whether the necessary precautions had been taken to guard against the descent of an elevator which had remained stationary at one of the top floors during the work.