Magnuson v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 58 Wash. 141
• 107 P. 1043
• 1910 Wash. LEXIS 908

Syllabus

<p>Master and Servant—Negligence—Appliances—Evidence—Sueeicienoy. In an action for injuries to an employee engaged in loading a blast, negligence of the master in failing to furnish a suitable wooden rod to tamp the charge is not shown by evidence that such a rod was provided but broke, and that the employees then used an iron drill which caused an explosion, without calling upon the master for another suitable appliance.</p> <p>Same—Fellow Servants—Assistance in Loading Blast. Where plaintiff’s foreman in charge of drilling two blasting holes about fifteen feet apart, desiring to load both holes at one time, called in a new man, by reason of his experience, to assist the plaintiff in loading one hole while the foreman and others loaded the other hole, the new man and the plaintiff are fellow servants, the former giving no orders or requests that might not be given by fellow servants; and the plaintiff assumes the risks of the other’s negligence in using an iron drill in the process of loading.</p> <p>Same—Vice Principals—Acts oe Foreman. The consent of a foreman to the use of an iron drill in the process of loading a blast does not render the master liable for negligent use of the drill, where the plaintiff’s fellow servant was instructed as to the proper use of the drill, but made a mistake of judgment in using it.</p>