Haynes

The controlling facts in this case are not seriously in dispute. Appellant, defendant below, is in the business of manufacturing and processing chemicals. Prior to the accident in which plaintiff was injured, defendant sold to one Powser certain scrap iron, included in which was a coil of pipe which had been previously used by defendant in the operation of its plant. Powser transported the scrap iron to his salvage yard in Tacoma, Washington. Later plaintiff, an employee of B. Radinsky & Son, salvage dealers of Seattle, Washington, pursuant to directions from his employers, picked up a load of scrap iron at Powser’s yard, including the above mentioned coil of pipe. In order to place the coil in proper position on his truck, plaintiff proceeded to pound it with a maul, whereupon a pressurized stream of corrosive substance issued from the pipe and struck the plaintiff, causing the injuries for which he sought damages in this action. From a judgment upon a verdict adverse to defendant this appeal is taken.

The Workmen’s Compensation Law of the State of Washington contains a provision under which a workman, injured through the negligence or wrong of another not in the same employ,…