Crabb v. Wilkins

Citations

• 59 Wash. 302
• 109 P. 807
• 1910 Wash. LEXIS 1192

Syllabus

<p>Explosives — Negligence — Care as to Children — Evidence — Questions eob Jury. It is for the jury to determine whether a well digger had exercised the highest degree of care in the use of dynamite in a locality where children congregated, where it appears that his operations were carried on within ten feet of the usual route' of school children who were accustomed to go from the school house to the post office during the noon recess, that on one such occasion school boys found four dynamite caps on the ground about twenty-five feet from the drill, that the defendant kept the caps in a, tool box, only taking out such number as he desired to use, that they were often used by his workmen in his absence, and he had never cautioned or instructed them in regard to the care of the explosives; the inference being that the caps were left there as a result of the work and through the agency of the workmen (Rudkin, C. J., dissenting in part).</p>