Cheatham v. Hogan

• Decision Date: 03 October 1908
• Citation: 50 Wash. 465,97 P. 499
• Parties: CHEATHAM v. HOGAN et ux.
• Court: Washington Supreme Court

97 P. 499

50 Wash. 465

CHEATHAM v. HOGAN et ux.

Supreme Court of Washington

October 3, 1908

Appeal from Superior Court, Spokane County; Henry L. Kennan, Judge.

Action by William M. Cheatham against Frank P. Hogan and wife. From a judgment of dismissal, plaintiff appeals. Reversed and remanded.

Hand &amp Wright, Geo. A. Latimer, and Fred Miller, for appellant.

Belt &amp Powell and Graves, Kizer & Graves, for respondents.

FULLERTON J.

The respondents in 1906 and 1907 constructed a five-story brick building in the city of Spokane on property owned by them. E J. Cheatham was the general superintendent of the work, and directed the construction work generally. One Ridpath, a carpenter, was the carpenters' foreman, and laid out and directed the carpenter work. The appellant was a brother of the superintendent, and was employed about the building as a common laborer; it being his duty to do any sort of work he might be directed to do. The building was constructed with a light well near its center, approximately 15X45 in size extending from the second floor to the roof. In the course of the construction of the building it became necessary to construct a scaffold in the light well on which the workmen might stand while completing that part of the building. When this scaffold was first mentioned, Mr. Cheatham, the superintendent, suggested a swinging scaffold; but Hogan, one of the owners, who was present, thought one built in the well would be better. The superintendent thereupon directed two carpenters to build it, telling them what kind of material to use and how to construct it, but giving them no further directions. The carpenters built the scaffold as directed; the appellant assisting them in his capacity as a common laborer by passing boards to them as they were needed. He did not, however, have a voice either in the selection of the material or in the manner in which the scaffold was built. As built the leger boards, or cross-pieces which supported the planking on which the workmen stood while performing their work, were nailed to posts which formed a part of the framework of the building, having no independent supports of their own. Later on, owing to a change in the manner of finishing the light well, it was found necessary to detach these leger boards from the posts and support them by framework built up from the bottom of the well. Foreman Ridpath directed the change to be made. The carpenters ordered to reconstruct it selected from the material on hand such as they thought necessary for that purpose and completed the change. Ridpath was around the work occasionally, but took no active part in it, nor did he select the material. The carpenters used for uprights boards 2X4 inches in size and 16 feet in length. These they spliced together by nailing, and to these were nailed the leger boards, which supported the planking on which the workmen using the scaffolding stood. The scaffold stood some time after this, and was used by different sets of workmen, engaged in completing the building. After it had fulfilled its purpose, the superintendent directed the appellant and others to take it down. The appellant got upon the scaffold for that purpose, when it fell, throwing him to the floor below and severely injuring him. The falling of the scaffold was caused by the breaking of an upright near the floor on which it rested. The evidence tended to show that the upright, which broke and caused the fall of the scaffold, was defective, having a knot in it which reduced its strength; also that the scaffold itself was defectively constructed, in that a sufficient number of uprights were not used, and it was not properly...