Leland v. Chehalis Lumber Co.

Citations

• 68 Wash. 632
• 123 P. 1086
• 1912 Wash. LEXIS 1343

Syllabus

<p>Master and Servant — Safe Place — Defective Wat — Latent Defects — Knowledge of Defendant — Complaint—Sufficiency. Where an employee, directed to ride in a wagon with a heavy load over defendant’s private road, was injured hy the overturning of the wagon in a soft spot in the road, rendered unsafe by water and sawdust from defendant’s slab pile, the defendant is liable for failure to keep the road in a reasonably safe condition, and it is not necessary that the complaint should allege or that the evidence should show defendant’s actual knowledge of the defect in the road.</p> <p>Master and Servant — Fellow Servants — Imputable Negligence • — Instructions. A common laborer, riding on a wagon to assist in holding a heavy drum, is not a fellow servant of the driver of the team, and negligence of the driver would not be imputed to him.</p> <p>Appeal — -Review—Harmless Error — Instructions. Error in instructing that the negligence of the driver of a team could not be imputed to the plaintiff is harmless, where there was no evidence of any negligence on the part of the driver.</p>