Bateman v. Peninsular Railway Co.

Citations

• 20 Wash. 133
• 54 P. 996
• 1898 Wash. LEXIS 484

Syllabus

<p>RAILROADS —INJURY TO EMPLOYEE — FELLOW SERVANTS—NEGLIGENCE.</p> <p>A section foreman, intrusted by a railway company to look after tbe safety of tbe track, is tbe agent or vice principal of tbe company, and does not occupy tbe relation of fellow-servant toward a locomotive fireman; consequently tbe company is liable for injuries occurring to tbe fireman through tbe negligence of tbe section foreman in tbe discharge of bis duties.</p> <p>Notice to a road superintendent that a trestle was on fire, given in sufficient time to have permitted tbe superintendent to notify a train, which be knew was approaching tbe point of danger, but not acted upon by tbe superintendent, is sufficient proof, when unexplained, to establish negligence on bis part.</p>