Carlson v. Wilkeson Coal & Coke Co.

Citations

• 19 Wash. 473
• 53 P. 725
• 1898 Wash. LEXIS 412

Syllabus

<p>NEGLIGENCE OF MASTER — EMPLOYMENT OF INCOMPETENT SERVANT.</p> <p>The negligence of a coal company in employing an incompetent door tender, by reason of which injuries were sustained by a fellow servant, is established by evidence showing that the door tender was a boy fourteen and a half years old; that his duty consisted, for thirteen hours a day, in opening a door in a dark mine gangway for approaching trains; that there was a heavy pressure of air against the door, which was increased whenever a train approached, rendering it difficult to open; that the boy had been employed but a short time, had once before failed to get the door open, had been complained against and his removal promised several days before the injuries occurred; that at the time of the accident he did not notice the approach o'f the train, though signalled by whistle, quickly enough to open the door; and that the engine crashed through the door, causing the injuries complained of to the plaintiff.</p>