Myhra v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 62 Wash. 1
• 112 P. 939
• 1911 Wash. LEXIS 639

Syllabus

<p>Master and Servant — Defective Cars — Assumption op Risks— Promise to Repair. There is a sufficient complaint and promise to remedy a defect to relieve a railroad brakeman from the assumption of risks in attempting to give signals from the end doors of a box car, which had neither platforms nor brakes, and the side doors of which were nailed up, where it was obvious that it was not a safe place for giving signals, and the brakeman asked for the removal of the boards on the side doors in order to give “a chance to stay there and give signals and also get out if necessary,” whereupon the master’s terminal engineer replied that the use of the car was only temporary, that they would hold out the first small hox car and “we will fix it up.”</p> <p>Same — Authority to Make Promise — Vice Principal. A railroad employee styled a terminal engineer, having charge of material yards, the loading of cars, and the direction of engineers and conductors, and regarded hy the crew as the officer in charge of the train, is a vice principal and has authority to promise to remedy a defect in a car on a complaint made by a brakeman; especially where the car was furnished for particular service in construction work on application made to him by the conductor.</p> <p>Same — Defective Oars — Negligence—Question for Jury. A box ear without platforms or brakes, with the side doors nailed up, cannot be said, as a matter of law, to be reasonably safe for construction work requiring the giving of signals from the end doors, where cabooses with end platforms and railings or cars with side doors and ladders are commonly used in such work.</p> <p>Same — Contributory Negligence — Question for Jury. A brakeman, compelled to give a signal from the end door of a box car without any platforms, is not guilty of contributory negligence, as a matter of law, in stepping upon the coupler instead of the grab irons, which would have been better and safer, where he and others testified that the coupler gave