Lowe v. Oak Point Piling & Lumber Co.

Citations

• 75 Wash. 518
• 135 P. 219
• 1913 Wash. LEXIS 1742

Syllabus

<p>Master and Servant — Injury to Servant — Contributory Negligence — Evidence—Sueeiciency. An experienced . hook tender, in' charge of a logging crew as a vice principal, pulling a log in from the woods with a donkey engine, is guilty of contributory negligence, as a matter of law, where it appears that the log lodged against a windfall, that he readjusted the choker on the log and took a position in front of the windfall, and after an unsuccessful attempt to pull the log over the windfall, it swung towards and struck him, when the engineer failed to stop the engine immediately upon signal; since it was his duty to know the conditions and he assumed a dangerous position when there were abundant places of safety around him.</p> <p>Same — Fellow Servants. A hook tender, in charge of a logging crew as a vice principal, hauling a log from the woods with a donkey engine, cannot recover for injuries sustained through the negligence of the engineer under him, in failing to stop the engine immediately upon signal, since it was his duty as vice principal to know the conditions existing at the engine and among his crew, and when he assumed a dangerous position and gave the signal, he assumed the position of a fellow servant with the engineer.</p>