Larson v. Kieburtz

Citations

• 71 Wash. 231
• 128 P. 216
• 1912 Wash. LEXIS 727

Syllabus

<p>Master and Servant — Injuries to Servant — Assumption or Risks — Assuming Dangerous Position. A tramway repairer assumes tbe risks where, for his own convenience, he rode on a loaded car not intended for passengers or employees to ride on; and he therefore cannot recover although the jury found that the engineer was negligent in the operation of the engine, his acts only endangering property and in no way affecting the safety of any place provided for employees to work.</p> <p>Same — Feixow Servants — Engineer and Track Worker on Tramway. An engineer operating a tramway engine and a tramway repairer, whose duty frequently took him to the engine house where he had every opportunity to observe the engineer in his work, are fellow servants, in regard to work in which the repairer was not under the control of the engineer, and with respect to matters not affecting the safety of the working plaee.</p> <p>Fuixerton, J., dissents.</p>