Cole v. Spokane Gas & Fuel Co.

Citations

• 66 Wash. 393
• 119 P. 831
• 1911 Wash. LEXIS 1082

Syllabus

<p>Master and Servant — Safe Appliances — Simple Instruments— Assumption of Risks. The evidence is insufficient to sustain a recovery in an action by a stoker for injuries sustained in the fall of a pan he was carrying by reason of alleged defects in the handle through the loss of rivets, where there was no evidence that such condition impaired its safety, the plaintiffs evidence showed that the handles slipped from his hand, and that from constant use, he h.ad equal means of knowledge as to any defects in the handle; since it was an implement of simple construction which does not come within the rule of safe instrumentalities.</p> <p>Master and Servant — Negligence—Presumption. The doctrine •of res ipsa loquitur does not go to the extent of raising a presumption of negligence from the mere fact of an injury, but only that •certain facts, when established, speak negligence.</p>