Asbury v. Hecla Mining Co.

Citations

• 103 Wash. 542
• 175 P. 179
• 1918 Wash. LEXIS 1116

Syllabus

<p>Master and Servant — Fellow Servants — Different Employ- ■ ments. Under the rule in Idaho, the driver of a mule train in a mine is not a fellow servant of a timber gang that moved timbers on another track, there being no cooperation or association to enable them to exercise mutual influence over each other.</p> <p>Same — Assumption of Risks — Unknown Dangers. The driver of a mule train, having no control over or knowledge of a timber truck that collided with his train, did not assume the risks.</p> <p>Master and Servant-^Negligence — Collision in Mine — Notice. There is sufficient evidence of negligence of the master in a collision between a mule train and a timber truck, where the driver of the train could not anticipate that the truck was on the track around a curve ahead of him, for months he had passed the place without encountering timber trucks, except once, when the shift boss promised him that it would not occur again, and no warning was given him.</p>