French v. First Avenue Railway Co.

Citations

• 24 Wash. 83
• 63 P. 1108
• 1901 Wash. LEXIS 499

Syllabus

<p>MASTER AND SERVANT-ASSUMPTION OP RISKS.</p> <p>Where an engineer in charge of the operation of the power house of a cable railway was killed by falling into the winder wheel while oiling the bearings, the facts that there were no guard rails around the wheel, that the hutment on top of which he was compelled to walk in that work had a defective place in it rendering the surface uneven, and that the part of the house where the wheel was located was so insufficiently lighted that he was compelled to carry a candle while oiling, would not warrant a recovery by his family against the company, when the condition of the place was open - and apparent, and the engineer had. accepted the employment after full examination thereof, and had continued in the employment with knowledge of its unsafe character.</p>