Bougas v. Eschbach-Bruce Co.

Citations

• 77 Wash. 347
• 137 P. 472
• 1914 Wash. LEXIS 903

Syllabus

<p>Master and Servant — Defective Appliance — Simple Tools — Defects — Repairs—Assumption of Risks. A clamp, similar to an. ordinary clevis, used as a block on tbe rails to hold a steam shovel, is a simple tool, within the rule that an adult employee assumes the risks from simple tools in his exclusive use; hence plaintiff, who constantly used the clamp and frequently had it repaired, cannot recover for an injury sustained when a small piece of metal broke off the clamp key, when hit with a hammer, owing to the fact that a piece of hard steel had been welded into the key in repairing it when soft steel should have been used.</p>