Olson v. Carlson

Citations

• 74 Wash. 39
• 132 P. 721
• 1913 Wash. LEXIS 1993

Syllabus

<p>Master and Servant — Injury to Servant — Negligence—Unsafe Method of Work — Question foe Jury. Whether a foreman in railway construction work adopted a safe method of loading a heavy timber, weighing 800 to 1,400 pounds, on a dump car, is a question for the jury, where attempt was made to lift it up one end at a time, and it appears that four men were detailed to hold one end, seven feet above the ground on which they’were standing, while other men attempted to swing around and lift up the other end, and that the timber was slippery from snow or ice upon it, and fell when the men were unable to lift the last end high enough to put it on the car.</p> <p>Same — Assumption of Risk. In such a case, whether plaintiff assumed the risk or was guilty of contributory negligence, are questions for the jury, where he acted in pursuance of the specific directions of the foreman.</p> <p>Same — Fellow Servant’s Negligence — Question for Jury. In such a case, whether the negligence of fellow servants, assisting the plaintiff to hold one end of the timber on the car, in running away and letting the timber fall, was the cause of the injury, is a question for the jury, where there was evidence that they were unable to hold up the end.</p>