LaCaff v. Roslyn-Cascade Coal Co.

Citations

• 72 Wash. 668
• 131 P. 194
• 1913 Wash. LEXIS 1535

Syllabus

<p>Master and Servant — Safe Place — Coal Mine — Evidence—Question for Jury. Where miners were required to follow tbeir cars down an incline, without sufficient light, where depressions were constantly forming between the rails, so that when a co-employee stumbled and lost his hold on a car, it ran down the incline upon the plaintiff and injured him, the questions as to the reasonable safety of the place and sufficient inspection are for the jury.</p> <p>Same — Assumption of Risks — Question for Jury. A coal miner, required to follow ears down an incline, does not, from his knowledge of the general condition of the ground, assume the risks of a co-employee stumbling in a depression and losing control of a car wbicb came down upon bim, where it was tbe duty of tbe track man to make a daily inspection of tbe track.</p> <p>Same — Contributory Negligence — Question for Jury. In sucb a case, a miner is not guilty of contributory negligence, as a matter of law, in making a customary stop without looking back, to put an extra brake on bis car, wbicb was apparently necessary by reason of a change in tbe grade of tbe incline.</p> <p>Same — Pleading, Issues and Proof — “Obstructions” on Track. Under an allegation of negligence in allowing “obstructions” between tbe rails of a track in a coal mine, which caused a miner to stumble and lose control of a car, it is admissible to prove a “depression” between tbe rails.</p>