Christiansen v. McLellan

Citations

• 74 Wash. 318
• 133 P. 434
• 1913 Wash. LEXIS 2048

Syllabus

<p>Master and Servant — Injury to Servant — Existence oe Relation. The relation of master and servant existed between the plaintiff and defendant, where the owner of a team hired the plaintiff to drive the team and then let the team, wagon, and driver to defendant in street grading work, the plaintiff being under the direction and control of the defendant.</p> <p>Same — Sate Place to Work- — Changing Conditions — Assumption oe Risks. An employee driving a team on a street fill does not assume the risks from the ever changing conditions, and the master owes the duty to furnish a safe place, where he was present and personally directed the work and plaintiff was injured while driving down an unsafe place at the specific direction of the master.</p> <p>Same — Assumption oe Risks — Question tor Jury. Whether the driver of a team assumed the risk in obeying the specific order of the master to drive down a steep embankment is for the jury, unless the danger was so plain and apparent that there could be no two opinions concerning it.</p> <p>Evidence — Opinion Evidence — Experts. The opinions of experts are admissible as to whether it would be safe to drive a team and wagon loaded with earth down a steep embankment in street grading work, if the place was such as to require a person of special experience and knowledge to determine it.</p> <p>Evidence — Relevancy'—Remoteness. In an' action for personal injuries sustained in street grade work, evidence as to the grade of the slope at the time of the trial is admissible where by comparison it enabled the jury to determine the grade at the time of the accident.</p>