McMillan v. North Star Mining Co.

Citations

• 32 Wash. 579
• 73 P. 685
• 1903 Wash. LEXIS 459

Syllabus

<p>MASTER AND SERVANT-NEGLIGENCE OF MASTER-ASSUMPTION OF RISK.</p> <p>A miner injured by the explosion of a missed blast, left in a mine by contractors who had done work there for defendant prior to such miner’s employment, cannot be held to have assumed such danger as a risk of his employment, where he had no knowledge of such unexploded blast either through information from others or by personal inspection.</p> <p>SAME-SAFE PLACE TO WORK-UNEXPLODEI) BLASTS-DUTY OF MASTER.</p> <p>It is the duty of a mining company, although it has let a contract for tunneling, to keep itself advised as to the possibility of missed blasts, so as to be in a position to warn employees subsequently placed at work in the tunnel after the cessation of the contract work.</p>