Frengen v. Stone & Webster Engineering Corp.

Citations

• 66 Wash. 204
• 119 P. 193
• 1911 Wash. LEXIS 1042

Syllabus

<p>Master and Servant — Fellow Servants — Warning — Signals. Where plaintiff and a fellow workman were working together at the top story of a building in handling timbers from a hoisting derrick, by means of a cable and pulley, and they did not depend upon the foreman to give warning of a signal to the engineer to hoist, hut, on the contrary, the foreman depended upon them to give the signal, the two are fellow servants, and plaintiff cannot recover, where his fellow workmen, on being asked if they were ready for the hoist, replied “all ready; go ahead,” whereupon the foreman signaled the engineer to start the hoist without warning the plaintiff, thereby causing his hand to be drawn into the pulley; and it is immaterial that plaintiff had the lesser experience of the two and usually relied upon his fellow worker to give the signal (Dunbar, O. J., dissenting).</p>