Olson v. Humbird Lumber Co.

Citations

• 48 Wash. 136
• 92 P. 897
• 1907 Wash. LEXIS 874

Syllabus

<p>Master and Servant — Negligence op Master — Proximate Caus|¡ —Safe Place — Fellow Servants. In an action by an employee, injured on a log deck in a saw mill, the evidence tends to show that the injury was caused, to some extent, by reason of failure to furnish a safe place to work, rather than by negligence of a fellow servant, where it appears that a steam kicker had torn a hole in the floor, into which the plaintiff stepped and was thrown down, causing him great pain at that time, and that in attempting to release him, the operator put the kicker in motion, after which it was discovered that his leg was broken.</p> <p>Same — Pleading—Amendments to Conform to Proof — Appeal— Review — Discretion. In an action by an employee whose complaint, relied particularly upon the negligence of a co-employee in putting in motion a steam kicker, after plaintiff’s foot had become fast in a hole in the floor, it is discretionary to allow, upon terms, an amendment to the complaint to allege negligence in failing to provide a safe place to work, where the evidence made out a prima facie case of negligence as to-the hole in the floor; and the same will not be reversed on appeal in the absence of a showing of abuse of discretion.</p>