Hogg v. Standard Lumber Co.

Citations

• 52 Wash. 8
• 100 P. 151
• 1909 Wash. LEXIS 1066

Syllabus

<p>Master and Servant — Injuries to Servant — Negligence of Master — Methods of Work — Loading Logs — Evidence — Sufficiency. There is not sufficient evidence of negligence in loading logs on a sled to entitle a teamster to recover for injuries sustained by reason of the slipping and falling of logs from the load, and a nonsuit is properly granted, where it appears that the fall was due to the fact that the front bob of the sled broke through the ice into a rut, causing the load to lurch and sway, that the logs were loaded and secured in the usual manner employed in that and other camps, that all such loads were more or' less unsafe and that the teamster, a man of experience, had opportunity to observe the manner in which the load was secured, but failed to do so; and there is no presumption of negligence from the fact that an accident happened in such a case.</p> <p>Evidence — Opinions of Experts — Question for Jury. The opinion of experts is inadmissible to show that the method of loading logs on a sled was not proper and safe, that being an issue for the jury to determine from full details as to how the logs were loaded and the usual manner of loading in that and other camps in the same locality.</p>