Nerbun v. State

In the course of demolition of wooden false-work used in the construction of a dual-span concrete bridge over Latah Creek near Spokane, Russell S. Nerbun was killed. This action for wrongful death was brought by his wife, Nellie E. Nerbun, as executrix of his estate, against defendants, State of Washington; Jerry Hagan, Director of Labor and Industries; Ralph E. Smith, Chief Safety Inspector; and John A. White, Safety Division Inspector. From a judgment in favor of defendants, plaintiff appeals.

This case was tried to the court sitting without a jury, after which the following findings of fact…