Mullin v. Northern Pacific Railway Co.

Citations

• 38 Wash. 550
• 80 P. 814
• 1905 Wash. LEXIS 1206

Syllabus

<p>Master and Servant—Fellow Servants—Dieeebent Departments. A “fire knocker” employed in a cinder pit beneath an engine to clean out the cinders, and a co-employee engaged in moving another engine over the pit, are not fellow servants, where their work was not in any manner connected.</p> <p>Master and Servant—Negligence—Saee Place—Bumping Engine Standing Over Cinder Pit. A railroad company, as an employer, owes the positive duty to a servant, employed in a “cinder pit” beneath an engine, to furnish a reasonably safe place in which to work, and to maintain the safety of the place; and hence is liable for personal injuries sustained by reason of the fact that the place was rendered unsafe by the act of another employee in bumping two engines together over the pit, in the performance of an independent service in no manner connected with the work of the plaintiff.</p>