Jasper v. Bunker Hill & Sullivan Mining & Concentrating Co.

Citations

• 50 Wash. 570
• 97 P. 743
• 1908 Wash. LEXIS 787

Syllabus

<p>Master and Servant — Assumption of Risks — Question for Jury. The plaintiff does not, as a matter of law, assume the risk from being entangled in rope, used by a foreman in attempting to replace a pulley on a line shaft while the machinery was running at full speed, where it appears from his testimony that the plaintiff was ordered to the place to assist the foreman, that he relied on the machinery being slowed down as was customary, that an unsafe frayed out rope that was dangerously long was used by the foreman without plaintiff’s knowledge, and the evidence as to the powers of the foreman as a vice principal was conflicting; and it would be immaterial that a fellow servant selected the rope.</p> <p>Appeal — Decision—Remand. Upon the reversal of a judgment for failure to submit to the jury the questions of fact, a new trial must be ordered.</p>