Bundy v. Union Iron Works

Citations

• 46 Wash. 231
• 89 P. 545
• 1907 Wash. LEXIS 596

Syllabus

<p>Master and Servant •— Injuries — Contributory Negligence — Methods of Work. An employee, injured by contact with a set screw upon a revolving shaft, while attempting to throw a rope over- a beam for the purpose of removing the shaft, is guilty of contributory negligence precluding a recovery, where he placed his ladder against the west side of a post and climbed up and leaned forward in proximity to the collar on the revolving shaft in order to. throw the rope over the beam, when he might have placed the ladder and climbed up on the east side of the post and put the rope over without coming near the shaft; inasmuch as it was contributory negligence for him to voluntarily adopt an unsafe method of doing the work where there was evident a safe way.</p> <p>Same — Factory Act- — Defense of Contributory Negligence. The defense of contributory negligence in the adoption by a servant of an unsafe method of work, when he might have adopted a safe why, is not precluded by the factory act requiring the guarding of dangerous machinery.</p>