Dorgan v. Northern Pacific Railway Co.

Citations

• 50 Wash. 342
• 97 P. 229
• 1908 Wash. LEXIS 730

Syllabus

<p>Master and Servant — Injury to Servant — Contributory Negligence. A shoveler at an aslL pit in an engine yard is guilty of contributory negligence, precluding any recovery, and a nonsuit is proper, where it appears that while in the ash pit waiting for the engine to be moved he stood with his back to the engine, out of sight of the driver, and unconsciously placed his hand on the rail near the wheel, so that his fingers were cut off as the engine started to move off, and it appears from his own evidence that he left a place of safety and was not giving attention to his surroundings.</p>