Feroglio v. Paulsen

Citations

• 73 Wash. 417
• 131 P. 1163
• 1913 Wash. LEXIS 1614

Syllabus

<p>Master and Servant — Injury to Servant — “Safe Place” — Assumption of Risks — Fellow Servants. The duty to furnish a “safe place’-’ applies to an employee at work in a cut on a steep mountain side, struck by a rolling rock, where the master put men to work above him and attempted to protect his working place from falling rocks by placing brush as a barrier; since the employee had a right to assume that it was an eifective barrier, and negligence therein was not an assumed risk of the negligence of a fellow servant.</p> <p>Same — General and Special Verdicts — Consistency. Where an injury was due to an ineffective barrier, placed on a mountain side to protect a working place from falling rocks, a special verdict that the injury was due to the negligence of the foreman in charge of the work, is not inconsistent with a general verdict for the plaintiff.</p>