Gennaux v. Northwestern Improvement Co.

Citations

• 72 Wash. 268
• 130 P. 495
• 1913 Wash. LEXIS 1445

Syllabus

<p>Master and Servant — 'Injury to Servant — Fall of Overhead Rock in Coal Mine — Cause of Accident — Evidence — Sufficiency. The negligence of the master in failing to provide a safe working place in a coal mine is for the jury, where it appears that a miner was injured by the fall of a great quantity of overhead rock, all of which could not have come from his own roof, but it could have come from, and there was evidence of a fall of rock in, an adjacent chute, which was admitted to be in bad condition.</p> <p>Same — Safe Place to Work — Coal Mine — Duty of Inspection. Where coal miners were expected to work up to the line of a chute, which they were not to enter or inspect, it is the continuing duty of the master to inspect and keep such adjacent space in a safe condition.</p> <p>Same — Fellow Servants — Coal Mines — Employees in Adjacent Workings. No question of the negligence of fellow servants is involved, where an employee was injured through failure to inspect and keep a working place safe.</p> <p>Same — Safe Place — Coal Mine — Assumption of Risks — Unknow Dangers. A coal miner does not assume the risks of dangers in adjacent works not under his control or subject to his inspection, and of which he had no knowledge, and which were not due to changing conditions, but to a “squeeze” known to the fire boss and the foreman, neither of whom gave any notice or warning thereof.</p> <p>Same — Contributory Negligence. Evidence that the roof over a miner’s room fell, does not establish his contributory negligence in placing props, as a matter of law, where the cause of the fall was a question for the jury.</p> <p>Same — Joint Tort Feasors — Master and Mine Foreman. A foreman, having direct supervision of a mine, who knew of dangerous conditions and took no step to remedy them, is guilty of negligence as a joint tort feasor with the company, and both may be joined in one action.</p> <p>Same — Master and General Superintendent — Duty and Notice. A general superintendent