Cox v. Capitol Box Co.

Citations

• 47 Wash. 148
• 91 P. 555
• 1907 Wash. LEXIS 726

Syllabus

<p>Master and Servant—Injury to Servant—Youthful Employees —Failure to Instruct—Contributory Negligence—Assumed Risks —Evidence—Question for Jury. In an action by an employee, a boy eighteen years of age, who was injured while working with an inexperienced assistant sixteen years of age, in operating, for the first time, a ripsaw in a box factory, the questions of plaintiffs contributory negligence, and whether he assumed the risks, and of defendant’s negligence in placing an incompetent co-employee at work with plaintiff, and in not instructing or warning the plaintiff. and his co-employee as to the work and dangers, are for the jury, where it appears that the plaintiff had never run the saw and protested against doing the work for want of experience, but was ordered to do so by the foreman, and where the foreman placed a boy sixteen years of age, who had never worked in a mill before that day, at work with him as an assistant at dangerous work requiring care and judgment, without giving any instructions as to how the work should be done, and plaintiff was injured through the removal, in an improper manner, of material from' the saw by the assistant, concerning which no warning or instructions were given either of them.</p>