King v. Griffiths-Sprague Stevedoring Co.

Citations

• 45 Wash. 425
• 88 P. 759
• 1907 Wash. LEXIS 484

Syllabus

<p>Master and Servant — Injury to Servant — Safe Place. In an actipn by a longshoreman who was injured by the fall of a section of a hatch cover, it is not necessary to show that the foreman actually knew of the dangerous condition of the hatch, if, in the performance of his duty to furnish a safe place, he ought to have known of the danger.</p> <p>Same — Assumption of Risk. A longshoreman does not assume the risk from a dangerous condition of an upper hatch cover, affecting the safety of the place where he was sent to work, and was not bound to inspect the same, where he was at work between decks pursuant to orders, and had no authority to disturb a hatch without direction of the foreman.</p> <p>Same — Contributory Negligence — Safe Place — Momentary Forgetfulness. A longshoreman working between decks, who was injured by the fall of a projecting section of an upper hatch, is not guilty of contributory negligence in that he saw the projecting plank, apd failed to give notice to the foreman, where it appears that at the time he saw it. in the forenoon no one was working near or under the same and the foreman was not present, and in the afternoon when sent under the hatch he had temporarily forgotten about it.</p>