Barney v. Anderson

Citations

• 116 Wash. 352
• 199 P. 452
• 1921 Wash. LEXIS 836

Syllabus

<p>Master and Servant (2)—Relation—Evidence oe Employment. In an action .for personal injuries, the relation of master and servant between defendant and plaintiff was established by evidence showing that defendant, who was the owner of several farms, employed plaintiff to work on a hay-baling machine for a period of six weeks and possibly longer, if he could find hay to bale on the outside; that, after finishing work on one of defendant’s farms, the machine was moved to a neighbor’s farm to bale his hay, the defendant feeling obliged to do his neighbor’s baling because the latter had gone out of his way to do the defendant’s threshing; and that there had never been any intimation to the plaintiff of any change in his employment substituting a new master in place of his employer.</p> <p>Same (77)—Master’s Liability—Vice-Principals—Foreman— Authority op Superintendence—Delegation op Duty. The fact that the foreman of the baling machine, in his absence, was accustomed to delegate the duty of operating it to his brother, constituted the latter a vice-principal of defendant, charged with the duty of furnishing plaintiff a reasonably safe place in which to work.</p> <p>Same ‘(77). In determining whether an employee occupies the position of vice-principal, the power of superintendence and control is the test, and not the question whether he had authority to employ or discharge workmen.</p> <p>Same (113)—Contributory Negligence—Methods op Work. The fact that a safer method of oiling a baling machine existed does not establish contributory negligence on the part of plaintiff, where it appears there was no danger in the method pursued until the machine was started without any notice to him by the person under whose order he was working and who negligently took no notice of the situation of plaintiff.</p> <p>Same (20-1)—Master’s Liability—Workmen’s Compensation Act. Accidental injury while engaged in work connected with the operation of a hay-baling machine on a farm does not