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WALLACE v. UNITED STATES

No. 10036.

16 F.2d 309 (1926)

WALLACE v. UNITED STATES (DRAPER ENGINE WORKS CO., Interpleaded).

District Court, W. D. Washington, N. D.

October 1, 1926.

Attorney(s) appearing for the Case

John S. Jury, of Seattle, Wash., for libelant.

Bronson, Robinson & Jones, of Seattle, Wash., for the United States.

Grosscup & Morrow, of Seattle, Wash., for respondent Draper Engine Works Co.

NETERER, District Judge (after stating the facts as above).

The testimony does not disclose negligence on the part of the libelant. He exercised due care and caution under the circumstances. The conduct of the painters in the arrangement of the scaffolding, and in changing and moving the same without notice to the libelant of the changing condition, did not show reasonable care and caution. The libelant was not required to exercise care to discover extraordinary dangers...

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