Larsen v. Covington Lumber Co.

Citations

• 53 Wash. 146
• 101 P. 717
• 1909 Wash. LEXIS 1285

Syllabus

<p>Master and Servant — Vice Principals — Evidence—Conclusion or Witness. Tbe statement by plaintiff and his expert witness that in their opinion a head sawyer in a mill was in full charge of all the workmen, negatived by the facts detailed, is a mere conclusion and of no probative force.</p> <p>Same — Fellow Servants — Head Sawyer and Tallyman. The head sawyer in a mill (the sawyer in charge of the “head” saw) is not a vice principal as to a tallyman, marking the lumber after it had been cut, who was not in the sawyer’s crew and over whom the sawyer had no control in the performance of his duties.</p> <p>Same — Contbibutoby Negligence — Evidence — Sufficiency. A tallyman, marking lumber near the rolls as it came from the head saw, who was injured when a log from the saw struck a cant that was being returned from a cut-off saw to be transferred to another section of rolls, is guilty of contributory negligence, where it appears that he was facing the log and saw it thirty seconds before it would strike the cant, that he took hold of the cant to throw it on to the other set of rolls, needlessly assuming the risk of removing the cant in reliance upon his ability to do so in time, when he had several avenues of escape and ample time to get out of the way.</p>