DALTON v. PIONEER SAND & GRAVEL CO.

No. 31546.

37 Wn.2d 946 (1951)

227 P.2d 173

MARVIN R. DALTON, Appellant, v. PIONEER SAND & GRAVEL COMPANY, Respondent.

The Supreme Court of Washington, Department Two.

February 1, 1951.


Attorney(s) appearing for the Case

Taylor & Revelle, for appellant.

Jack Hullin and Ballinger, Hutson & Eberharter, for respondent.


MALLERY, J.

The plaintiff, desiring to lay a concrete floor in his basement, ordered the required amount of ready-mix cement from the defendant, who delivered it to plaintiff's home. The mix was poured directly into the basement from the truck by means of a chute, where the plaintiff, attired in heavy shoes, overalls and gloves, spread it with a shovel. After the floor was covered, he knelt on a large board, without using any knee pads, and finished the smoothing...

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