Johnson v. Anderson & Middleton Lumber Co.

Citations

• 31 Wash. 554
• 72 P. 107
• 1903 Wash. LEXIS 668

Syllabus

<p>MASTER AND SERVANT — UNSAFE PLACE TO WORK — PROMISE TO REPAIR DEFECT-EXERCISE OF ORDINARY CARE BY SERVANT.</p> <p>An employee wbo continues his work supported by the promise of the master to improve an unsafe place to work, and is injured by exposing bimse.f indiscreetly to imminent peril in such unsafe place, cannot justify his own negligence as induced by a reliance on such promise to repair.</p> <p>SAME-CONTRIBUTORY NEGLIGENCE.</p> <p>A workman engaged in operating an edger which was not provided with a moving conveyor, as is customary, but with a stationary chute which occasionally became clogged and required clearing with a stick, cannot recover for injuries received in attempting to clear the chute in the dark, without stopping the machinery, when it appears that the place was dangerous for such work even in the light because of its cramped surroundings and the proximity of revolving shafts and saws.</p>