109 Wash. 471 | Wash. | 1920
Respondent, at the time of receiving the injuries hereinafter referred to, was employed by the city of Spokane as a bridge carpenter, and was then engaged in the repair of a wooden bridge belonging to the city, which bridge carried the traffic of Sec
The case was tried to a jury, and at the close of all the evidence, appellant moved that the case be taken from the jury and judgment entered in its favor, for the reason that the court had no jurisdiction, and because respondent’s sole remedy was to apply for com
The workmen’s compensation act, after providing:
“The state of Washington, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workmen, injured in extrahazardous work, and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this act provided.” (Rem. Code, § 6604-1.)
further provides:
“Workman means every person in this state, who, after September 30, 1911, is engaged in the employment of an employer carrying on or conducting any of the industries scheduled or classified in section 6604-4, whether by way of manual labor or otherwise, and whether upon the premises or at the plant or, he being in the course of his employment, away from the plant of his employer: Provided, however, that if the injury to a workman occurring away from the plant of his employer is due to the negligence or wrong of another not in the same employ, the injured workman, or if death result from the injury, his widow, children or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other.” (Rem. Code, §6604-3.)
Respondent contends that the bridge upon which he was working at the time he was injured was neither
In Carlson v. Mock, 102 Wash. 557, 173 Pac. 637, we held that the word “plant” was intended by the legislature to include no more than that part of the employer’s fixed property over which he has exclusive control, and not to include a street car track upon a public street, over which the employer had no oversight, and no means of .protecting an employee from the negligent or wrongful acts of third persons. From the reasoning in that case it would seem almost to follow as a matter of course that, in this ease, the bridge upon the city street, of which the city is the owner, over which it exercises control, and may, for the purpose of
We conclude that the learned trial court erred in not granting appellant’s motion for judgment. Judgment reversed. •
Holcomu, C. J., Bridges, Fullerton, and Mount, JJ., concur.