Bailey v. Mukilteo Lumber Co.

Citations

• 44 Wash. 581
• 87 P. 819
• 1906 Wash. LEXIS 882

Syllabus

<p>Master and Servant — Negligence—Assumption op Risks. The doctrine of assumption of risks of danger from unsafety of the place, is not applicable to an unskilled man in a mill who is ordered from place to place, and from whom ready obedience is expected or necessary, unless the peril is so apparent that there can be no conflicting opinion between men of ordinary prudence.</p> <p>Same — Contributory Negligence — Injury to Sawyer’s Helper on Splitter Deck. In an action for personal injuries sustained by a helper on a splitter deck while endeavoring, under directions from the sawyer, to dislodge a split log which had slid out of place, a nonsuit is proper on the ground of plaintiff’s contributory negligence, where it appears that the injury was caused by the splitting of the log while endeavoring to dislodge it with a jack, that plaintiff had dogs which he might have used to prevent the splitting of the log, that logs frequently slid around in that way, and that he was familiar with the work and looked after the details.</p>