Lee v. Northern Pacific Railway Co.

Citations

• 39 Wash. 388
• 81 P. 834
• 1905 Wash. LEXIS 875

Syllabus

<p>Master and Servant—Negligence—Assumption oe Risk—Hauling Hand-Car Behind Train. A bridge carpenter of six months experience in railroad work who undertakes to “hook on” or haul a hand-car behind a freight train by hand, assumes the risk of being jerked off the car, as an open and apparent one, although he acts upon the orders of his foreman, under earnest protest against so doing, and upon assurances that it was safe; since the undertaking was so extremely hazardous as not to justify his reliance upon the master’s superior knowledge or to forego the risk of discharge on disobedience of the order.</p>