Nelson v. Ballard Lumber Co.

Citations

• 60 Wash. 690
• 111 P. 882
• 1910 Wash. LEXIS 1122

Syllabus

<p>Master and Servant — Negligence—Pleading—Issue. The failure to prove one particular ground of negligence by a master is not ground for nonsuit, where the injury resulted from a combination of various acts, which combined might be negligent, although none of the acts considered alone were negligent.</p> <p>Master and Servant — Negligence—Methods oe Work — Loading Logs- — Evidence—Sufficiency. There is sufficient evidence of negligence in adopting an unsafe method of work to make a question for the jury, where it appears that a train of logs was moved forward by attaching the loading chain to a log attached to the bunker of the car, and that this pulled up the bunker and load, causing loose logs on top of the load to roll down upon the plaintiff, who had been ordered by the foreman to go under the car to block a wheel.</p> <p>Same — Pleading. Such negligence is sufficiently charged in a complaint alleging that the defendant ordered the car moved forward, and adopted a careless and negligent manner of doing so, detailing the condition of the car and the manner of moving it; especially on motion for a nonsuit.</p> <p>Same — Contributory Negligence — Reliance on Orders. An employee engaged in loading cars does not assume the risks and is not guilty of contributory negligence in obeying a specific command of the foreman to go under a car to block the wheels, when the same was moved forward in a negligent manner by a cable attached to a log, which tipped the load onto him; since the dangers were not so open and apparent that no man of ordinary prudence would have obeyed the specific order given.</p>