DeMase v. Oregon Railroad & Navigation Co.

Citations

• 40 Wash. 108
• 82 P. 170
• 1905 Wash. LEXIS 944

Syllabus

<p>Master and Servant — Injury to Section Hand Riding on Push Cab Attached to Tbain — Negligence oe Company — Question eob Juey. The use by a railroad company of a push car attached to a train by a rope, for the purposes of transporting its section crew, cannot he said, as a matter of law, to he the exercise of the care required on the part of the company in that regard, but the question is for the jury.</p> <p>Same — Liability of Push Cab to Leave Track — Assumption oe Risk — Knowledge oe Section Hand. A section hand riding for the first time on a push car attached to a train does not necessarily assume the risk of the car’s leaving the track, and does not stand on equal footing with the foreman as to knowledge of the danger, and whether he assumed the risks is for the jury.</p>