Jones v. Moran Bros.

Citations

• 45 Wash. 391
• 88 P. 626
• 1907 Wash. LEXIS 477

Syllabus

<p>Master and Servant — Injury to Servant — Open Hatch — Contributory Negligence. A painter employed for two or three days in painting a vessel is guilty of contributory negligence, as a matter of law, precluding a recovery, where it appears that he fell through an open hatch six feet square, while passing through a compartment so dark that he could not see the hatch, which was surrounded by coamings six to twelve inches high, he having procured no light, as he knew or should have known that he might encounter a hatch and could have been apprised thereof by the coamings if he had been proceeding cautiously (Dunbar J. and Hadley, C. J., dissenting).</p>