Jones v. Francis

Citations

• 70 Wash. 676
• 127 P. 307
• 1912 Wash. LEXIS 1105

Syllabus

<p>Master and Servant — Injury to Servant — Contributory Negligence — Methods op Work. An employee in a shingle mill is not guilty of contributory negligence, as a matter of law, where he was engaged in drawing a heavy shingle block to the bolter saw, with his back to the saw, when the picaroon slipped or drew out of the block through some unknown cause, causing him to fall against the saw, which was unguarded.</p> <p>Same — Sape Place — Guarding Machinery Under Factory Act— Notice op Accident — Sufficiency—Corporations—Dissolution. An employee’s notice of an accident by reason of the unguarded condition of a saw, required by the factory act, Rem. & Bal. Code, § 6595, to be given the employer, is sufficient if given to a corporation that had been dissolved by the secretary of state for nonpayment of its license fees, where it was at the time believed by all parties that the corporation had an existence and its mill was being operated in its name by its trustees who received the notice.</p> <p>Corporations — Dissolution—Absorption by New Corporation— Liability. Where an old corporation had been dissolved by the secretary of state for nonpayment of' its license fees, without notice to its trustees, who, when they learned of the fact, organized a new corporation and conveyed to it all the assets without other consideration than the issue of its capital stock to the old stockholders, thereby absorbing the old company, the new corporation is liable upon all the obligations of the old corporation.</p> <p>Abatement and Revival — Against Corporation — Dissolution. The dissolution of a corporation by the secretary of state for nonpayment of its license fees will not abate an action for personal injuries brought against it by an employee, where the assets were all transferred to the trustees and by them to a new corporation which assumed all the obligations and was an absorption or continuation of the old corporation.</p>