Jock v. Columbia & Puget Sound Railroad

Citations

• 53 Wash. 437
• 102 P. 405
• 1909 Wash. LEXIS 1341

Syllabus

<p>Master and Servant — Fellow Servants — Common Employer. A common laborer, directing and assisting in the unloading of a car of lumber, is a fellow servant as to another laborer who was caught by the falling of the lumber upon chopping off the last of the side stakes holding the lumber; since they were engaged in a common simple service, each assisting the other in the details of the work, and the injured servant had opportunities to protect himself against the alleged negligence of the other in removing props supporting the lumber.</p> <p>Same — Vice Principals — Supervision—Details - op Work. The direction by a gang foreman to one common laborer to go with another who would tell him what to do in the unloading of cars of lumber, does not make such other a vice principal, as to incidental acts and details while working together in unloading the lumber.</p> <p>Master and Servant — Negligence—Evidence—Sufficiency. In an action by an employee for injuries sustained in the fall of lumber through the alleged negligence of another servant in removing a prop, there is not sufficient evidence of the negligent act to warrant a verdict for the plaintiff, where no one saw the prop removed, the plaintiff merely testifying that the prop was in place when he started to work, and after the accident, and that, at a time while suffering intensely, he saw it on a near-by pile of lumber; and the removal of the prop was denied and no attempt was made to identify it.</p> <p>Master and Servant — Contributory Negligence — Unloading Car of Lumber. A laborer, unloading a car of lumber under the direction of another common laborer, is guilty of contributory negligence, precluding any recovery, where, after removing the side stakes at either end of the car, and being unable to remove the center stake, he chopped it off, and the lumber then slid from the caY and fell upon him, although he had had no previous experience.</p>