Graaf v. Vulcan Iron Works

Citations

• 59 Wash. 325
• 109 P. 1016
• 1910 Wash. LEXIS 1197

Syllabus

<p>Master and Servant — Negligence—Safe Appliances — Question for Jury. Negligence of the master may be inferred from an accident on the principle of res ipsa loquitur and is a question for the jury, where the right-hánd wheel of a truck dropped off, injuring a machinist who was assisting in pushing the truck bearing an iron column weighing 1,600 pounds, a number of such trucks having been used in the shop for such purposes indiscriminately for twelve years whenever needed by any of the employees, and the injured servant owing no duty to inspect or keep the same in repair.</p> <p>Same — Assumption of Risks — Contributory Negligence. A machinist does not assume the risk, and is not guilty of contributory negligence, in using a truck for wheeling a heavy iron casting, the wheel of which dropped off, where there were several such trucks in the shop, used indiscriminately for that purpose whenever needed by any of the employees, who took the one most convenient, and where he owed no duty to inspect or keep them in repair.</p>