Jones v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 102 Wash. 120
• 172 P. 810
• 1918 Wash. LEXIS 873

Syllabus

<p>Master and Servant—Injury to Servant—Proximate Cause—■ Question for Jury. Upon an issue as to whether a servant’s fall from a car of logs was due to a sudden jerk of the car, or to his stepping and slipping upon a piece of loose bark, the question is for the jury, where the testimony was conflicting and its credibility was for the jury to decide.</p> <p>Evidence—Expert Evidence—Safe Method of Work. An expert witness may testify as to whether it was a safe method of unloading logs to use a Marion loader placed upon a track at the side of and parallel with the track upon which the loaded car. was placed.</p> <p>Master and Servant—Assumption of Risks—Instructions. Instructions as to a servant’s assumption of risks properly state that it must appear that he knew and appreciated the danger, and that an order-to do an act involving peril to himself is an assurance of safety and may be obeyed, unless the danger is so obvious and imminent that no person of ordinary care would encounter it.</p>