Grosjean v. Denny-Renton Clay & Coal Co.

Citations

• 62 Wash. 196
• 113 P. 570
• 1911 Wash. LEXIS 674

Syllabus

<p>Master and Servant — Fellow Servants — Giving of Signals.. The feeder of a brick machine, whose duty it was to signal the pressman for starting the press, is not a fellow servant of a coemployee Whose safety depended upon the giving of the proper signals, and the same is a nondelegable duty of the master.</p> <p>Same — Safe Place — Negligence—Erroneous Signals — Contributory Negligence — Questions for Jury. The' negligence of the owner of a brick machine, and the contributory negligence of an employee Whose duty it' was to remove dry clay from the top of the press, while coemployees controlled the machinery, is for the jury, where it appears that the employee was ordered and it was customary for him to put his hands in the press relying upon notice to the feeder, that the pressman never started the press until signaled to do so by the feeder except on starting up in the morning, that the pressman started the press in response to a wrong signal given by the feeder while the employee’s hands were in the press, cutting off his hands, and that a stick to he first inserted in the press in such a case for safety was not used, and that the employee had worked but a few months and did not know anything about such stick.</p>