McArthur Bros. v. Nordstrom

The appellant was a contractor engaged in the work of excavating rock for the channel of the drainage canal. The appellee was an employe of the appellant and worked in the night time. His duties were to assist in filling broken rock into buckets that were carried by a hoisting cable to the dump on the canal bank. This broken rock consisted of large and small pieces that were produced by. dynamite explosions, and lay in sloping piles, the clearing away of which was the work appellee was engaged in.

While so at work, a large piece of loose rock slid down the pile and upon one of appellee’s legs…