Jackson v. Danaher Lumber Co.

Citations

• 53 Wash. 596
• 102 P. 416
• 1909 Wash. LEXIS 1373

Syllabus

<p>Master and Servant — Injuries to Servant — Assumption of Risks — Contributory Negligence — Custom—Question for Jury. An employee who had worked in a mill but seven days does not assume the risks and is not guilty of contributory negligence, as a matter of law, in leaving the mill after work by going over the roller bed in accordance with the custom of the workmen, where there was no safe way especially provided and he was following the head sawyer, who was familiar with the mill, and his injury was due to the raising of a jump saw, without notice or warning, by an employee who was about to file the saw.</p> <p>Master and Servant — Fellow Servants — Different Departments. A saw filer under direction of the foreman of a mill is not a fellow servant of a dogger who works under the head sawyer, as to an injury inflicted by the filer’s raising a jump saw without warning, in an unusual manner, just as the dogger was stepping over the slot on his way out of the mill.</p>