Merritt, Chapman & Scott Corporation v. Rex H. Fredin

This action involves a claim by ap-pellee, Rex H. Fredin, for damages incurred as a result of personal injuries suffered by him in connection with an accident and is brought against the appellant, Merritt-Chapman & Scott Corporation (hereinafter Merritt-Chapman). This being a diversity case, the district court had jurisdiction pursuant to the provisions of 28 U.S.C. § 1332 . The matter is brought here under 28 U.S.C. §§ 1291 and 1294.

Briefly, the pertinent facts are as follows:

On October 14, 1957, Merritt-Chapman as the principal contractor was in the process of building the Priest Rapids Dam on the Columbia River in the State of Washington. Wyatt, Kipper-Thor-gaard was a subcontractor of Merritt-Chapman engaged in the performing of certain pipe work upon the dam. Fredin, at that time 39 years old, was employed by said subcontractor in work upon the dam as a welder and pipe fitter. All of 'the subcontractor’s employees, including Fredin, were covered by insurance as provided by the Workmen’s Compensa tion Statutes of the State of Washington.

Prior to October 14th a cofferdam had been erected and below the cofferdam a large excavation had been made in the river bed for the…