Wendt v. Industrial Ins. Com'n of State of Washington

• Decision Date: 23 June 1914
• Docket Number: 11392.
• Parties: WENDT v. INDUSTRIAL INS. COMMISSION OF STATE OF WASHINGTON.
• Court: Washington Supreme Court

141 P. 311

80 Wash. 111

WENDT v. INDUSTRIAL INS. COMMISSION OF STATE OF WASHINGTON.

No. 11392.

Supreme Court of Washington

June 23, 1914

Department 2. Appeal from Superior Court, Pierce County; C. M Easterday, Judge.

Application by Clara Wendt to the Industrial Insurance Commission of the State of Washington for an allowance, under Laws 1911, c. 74 for the death of her husband, George Wendt, while engaged in a hazardous employment. The Commission's rejection of the claim having been overruled, and the claim directed allowed on appeal to the superior court, the Commission appeals. Affirmed.

W. V Tanner, of Olympia, and S. H. Kelleran, of Seattle, for appellant.

J. W Quick, of Tacoma, and Norwood W. Brockett, of Seattle, for respondent.

MORRIS J.

Respondent appealed to the lower court from a decision of the Industrial Insurance Commission that she was not entitled to compensation upon the accidental death of her husband; the decision being based upon the ground that the deceased was not engaged in hazardous employment within the meaning of the law, at the time of receiving the injury causing his death. The lower court overruled the finding of the commission, and directed that the claim be allowed, from which decree the commission has appealed.

The case was submitted below and here on an agreed statement of facts, from which it appears that, at the time of his death, George Wendt was a carpenter, employed by the Stone-Fisher Company, of Tacoma; that the Stone-Fisher Company is a corporation owning and operating a large department store, engaged in the general buying and selling of merchandise of various kinds, occupying nine floors, employing 170 persons, and having three delivery wagons and three delivery automobiles; that diagonally across the alley from the store the company maintains a repair shop, operated primarily for the repair of its delivery wagons and automobiles; that in this repair shop is a carpenter's bench, carpenter's tools, and a power lathe, emery wheel, grindstone, drills, etc., which are operated by electric current by a two horse power electric motor, the current being furnished by the city of Tacoma over a low-tension wire carrying 220 volts. This current is turned on and off by an ordinary strap switch with copper contacts and rubber handles; the switch being placed upon the wall from five to six feet above the floor. Attached to the rubber handles is also a string, which may be taken hold of and used for the purpose of pulling the handle down for the purpose of turning on the current. Employed in this machine shop is a machinest electrician, who repairs the delivery automobiles used in connection with the store and has charge of operating the power-driven machinery in the shop. The company employs ordinarily one, but sometimes two or three, carpenters for the purpose of making shelving, standards for display purposes, and necessary repairs, additions, and alterations in the fittings of the store, and the doing of odd carpenter jobs about the store. The deceased had been employed by the company as head carpenter prior to March 20, 1912, the day upon which he met his death, and in such employment had performed the ordinary carpentry work needed by the company in and about the store. On the day of the accident Wendt attempted to turn on the electric current by means of the switch for the purpose of putting in motion a grindstone on which he was going to sharpen a chisel. In taking hold of the handle of the switch, his fingers came in contact with the copper fittings or contacts, and he was instantly killed by the electric current caused by the secondary wire of the city of Tacoma, which carried the current into the repair shop, becoming crossed with a high-tension wire of a power company, which carried a high voltage, and which caused about 2,700 volts to pass through his body. Wendt had nothing to do with the maintenance or repair or operation of the electric or power machinery of the shop, or with the maintenance or the repair of the delivery wagons or automobiles. He left surviving him the plaintiff, his widow, who was residing with him at the time of his death, and who was dependent upon him for support. Upon the decease of George Wendt, his widow made her application to the Industrial Insurance Commission, fully complying with all the requirements of the law relating to necessary proof, and her claim was rejected by the commission upon the grounds previously stated.

The act to be interpreted is chapter 74. Laws 1911. Section 1 of this act, in announcing the policy of the state in its treatment of workingmen injured in hazardous undertakings, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief is provided for workman injured in extra hazardous work, and their families and dependents, regardless of questions of fault, and to the exclusion of every other remedy. Section 2, in enumerating the hazards intended to be embraced within the term 'extra hazardous' as used in the act, names 'factories, mills and workshops where machinery is used,' and ends with this general description of included occupations:

'If there be or arise any extra hazardous occupation or work other than those hereinabove enumerated, it shall come under this act.'

Section 3 defines workshop as follows:

'Workshop means any

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