Epperly v. City of Seattle

Soule, J. †

This is an appeal from a summary judgment granted in favor of defendants.

Guy W. Epperly died on April 4, 1960, from injuries received when struck by a falling cable while working on the High Gorge‘Dam on the Skagit River. Individually and as administratrix of his estate, his widow, Elaine Epperly, brought this action against only the city of Seattle, hereinafter designated as the city. The city brought a third-party action against Merritt-Chapman & Scott Corporation by virtue of a provision in the contract between the defendants which reads in part as follows:

“The contractor shall…