Malley v. Union Indemnity Co.

Statement of the Case.

NICKELS, J.

Holcomb (employer) was engaged “in * * * filling back of a wall” which extended “between 1,500 and 1,800 feet” along the “water front.” “Dirt” excavated from “cuts” in the vicinity was used in the “fill,” and, at various periods, water would be pumped on the “dirt” só as to “settle” it “down.” The “premises” throughout length of the “fill” was several hundred feet wide. Generally, the work was prosecuted during “daytime” and “nighttime.” Holcomb would be present part of the time; and, when present, he had immediate charge and direction of all work and…