Collins v. Terminal Transfer Co.

Citations

• 91 Wash. 463
• 157 P. 1092
• 1916 Wash. LEXIS 1076

Syllabus

<p>Master and Servant — Injuries to Servant — Defective Appliances. Where an auto truck was in a defective condition, requiring advancement of the spark in starting and rendering it dangerous to crank, the owner, charged with notice of the defect, is negligent and liable for injuries sustained in cranking by a driver’s helper, who was ordered by the driver to take and operate the truck without giving him notice of the defect.</p> <p>Same — Assumption of Risk — Notice of Defect. A driver’s helper does not assume the risk of a defect in an auto truck rendering it dangerous to crank, of which he had no notice, as the risk was not open and apparent.</p> <p>Same — Contributory Negligence — Question for Jury. A driver’s helper is not guilty of contributory negligence as a matter of law in attempting to start an auto truck, which stopped on a trip that he had been ordered to take, when he had no notice of a defect making it dangerous to crank it, and he had often, seen the driver start it by cranking.</p> <p>Same — Fellow Servants — Superiors-—Separate Parts of Work. The driver of an auto truck and his helper are not fellow servants as to a trip which the driver had ordered the helper to take, when the helper was injured through a defect in the truck of which he was not notified by the driver.</p> <p>Same — Workmen’s Compensation Act — Extra Hazardous Employments. Employment as helper to the driver of an auto truck is not classed as extra hazardous by, and is not within, the workmen’s compensation act, 3 Rem. & Bal. Code, § 6604-1 et seqwhich act is therefore not a defense to an action by the servant against the master for personal injuries sustained in the course of his employment.</p>