Currans v. Seattle & San Francisco Railway & Navigation Co.

Citations

• 34 Wash. 512
• 76 P. 87
• 1904 Wash. LEXIS 379

Syllabus

<p>Appeal — Parties—Assignee of Judgment — Service of Notice Upon, not Necessary. The assignee of a judgment is not a party in interest, upon whom notice of appeal must be served, and an appeal will not be dismissed for failure to make such service, hut upon request the assignee will be substituted as party respondent.</p> <p>Master and Servant — Negligence—Coal Mine in Possession of Development Company — Control by Owner. In an action against a coal company for personal injuries sustained by a miner, a challenge to the sufficiency of the evidence, on the theory that the mine was not in the possession of the company at the time of the accident, hut in the possession of a construction company, which had been doing development work, is properly overruled, where in addition to the coal company’s ownership other circumstances appear connecting it in a responsible way with the control and operation of the mine.</p> <p>Same — Injury to Miner by Delayed Blast — Use of Defective Puss — Evidence of Negligence — Sufficiency—Question for Jury. In an action for injuries sustained by a delayed blast, it is a question for the jury whether defendant was guilty of negligence in supplying the workmen with double-tape fuse for use in blasting in a coal mine, where it appears that triple ta.pe fuse is firmer, less liable to miss fire or to hold the fire in delay, and is more often used in coal mines and in damp places than the double-tape, which was considered not safe in such places, and where the blast was delayed some forty-five minutes, which was longer than usual.</p> <p>Same — Contributory Negligence — Assumption of Risks — Experienced Miner Injured in Investigating Delayed Blast. In such a ease, the question of the contributory negligence and assumed risk by an experienced miner injured while investigating the cause of a delayed blast is for the jury, where he had been working hut a short time in the mine, was unfamiliar with double-tape fuse and did not know that it was unsafe