Dunn v. Morrison-Knudsen Co.

THOMAS, Justice (dissenting).

In order to set forth in a proper light my reasons for dissenting, it is deemed advisable to add to the statement in the majority opinion in so far as some particular facts seem important.

Decedent was employed as an iron welder and had been thus engaged from April 12, 1951 to July 23rd, the same year, in connection with the construction of the Cabinet Gorge Dam on the Clarks Fork River. On the particular day, decedent was climbing a ladder on the head tower which was 125 feet high; the ladder rungs were 14" to 16" apart and made of 2x4s; the ladder was enclosed on…