Merritt-Chapman & Scott Corporation v. Ernest Graham

Graham was injured while employed by a subcontractor in connection with the construction of the Priest Rapids Dam in the State of Washington. The appellant was the prime contractor on said job. The District Judge, sitting without a jury, found for Graham and awarded him $6,000.00 general damages and $2,400.60 special damages.

The essential facts, on the question of liability, are not in dispute. On the day in question Graham was installing cable trays in the dam. Located in that particular area was a covered manhole which opened into a lower gallery. An employee of the appellant, while dragging an air hose, moved the plywood lid covering the manhole, leaving the hole uncovered. Graham stepped backward, in the course of his work, and fell into the manhole. Graham charged appellant with negligence in permitting a loose piece of plywood to serve as a cover on the manhole and in dragging an air hose over the manhole and thus removing the covering. The appellant’s answer charged •contributory negligence and assumption of risk and that the action was barred by the provisions of the Workmen’s Compensation Act of the State of Washington, which prohibits such actions except as herein…