Jobe v. Spokane Gas & Fuel Co.

Citations

• 73 Wash. 1
• 131 P. 235
• 1913 Wash. LEXIS 1543

Syllabus

<p>Master and Servant — Unsafe Methods op Work — Negligence— Question por Jury. The negligence of a contractor engaged in blasting, in failing to adopt a reasonably safe method of work, is for the jury, where it appears that the battery used in discharging blasts was weak and repeatedly failed to work, that the blasts sometimes shot down, making it impossible to tell whether all had been discharged where more than one was exploded at a time, and the foreman used the battery on more than one blast at a time, after request that it be attached to one at a time as a matter of precaution.</p> <p>Same — Assumption op Risks — Question por Jury. In such a case, an experienced powderman, injured by an unexploded blast, does not assume the risks, as a matter of law, but the question is for the jury, where, with knowledge of the master’s negligence, he continued in the employment, but only after protest, allowing his judgment to be overridden by that of the foreman in charge; since the danger encountered was not certain, palpable and open, but was hypothetical only, and was not voluntarily entered upon.</p> <p>Same — Contributory Negligence — Question por Jury. An experienced powderman is not guilty of contributory negligence as a matter of law in exploding an unexploded blast with a steel drill, where he proceeded cautiously until the sand pump dropped down, an indication usually relied upon by experts that the blast had exploded and shot down.</p>