Morgan v. Rainier Beach Lumber Co.

Citations

• 51 Wash. 335
• 98 P. 1120
• 1909 Wash. LEXIS 1189

Syllabus

<p>Master and Servant — Assumption of Risks — Promise to Repair —Conditional Promise. The promise by the owner of a logging road, on the complaint of one employed as a locomotive engineer, to repair the railroad track at a dangerous curve as soon as its section boss returned, which would be in a “few days,” relieves the servant of the assumption of risks, where, in less than a week, the want of repairs caused an accident before such return; there being no distinction between an unconditional promise to repair and one to repair after a definite date or event, where the accident happens before such date or event.</p> <p>Same — Right to Rely on Promise — Question for Jury. Whether a defect in a railroad track is so bad and apparent that no prudent servant would use the same in reliance upon a promise to repair, is for the jury, unless the evidence leaves room for no two opinions on the subject.</p> <p>Trial — Province of Jury. The determination of the preponderance of conflicting evidence is for the jury, and not the appellate court.</p>