Ostroski v. Blumauer Logging Co.

Citations

• 74 Wash. 672
• 134 P. 521
• 1913 Wash. LEXIS 2111

Syllabus

<p>Master and Servant-Mnjury to Servant — Incompetent Fellow Servant — Negligence of Master — Question for Jury. Negligence in employing an incompetent engineer to run a donkey engine in a logging camp is a question for the jury, where it appears that the fireman, a Japanese boy, was allowed to temporarily run the engine during the absence of the engineer, that he was inexperienced, excitable and reckless, and that complaint had been made of him as incompetent, two or three days before the accident.</p> <p>Same — Cause of Injury — Evidence—Question for Jury. The negligence of an inexperienced engineer in starting a donkey engine “faster than usual” when signalled to pull on a log that was obstructed, is a question for the jury, where there was evidence that an experienced man would, have started the engine slowly to avoid injury through swinging of the log, which occurred at the time in question.</p> <p>Same — Duty to Warn — Necessity—Evidence—Sufficiency. It cannot be said, as a matter of law, that a warning was given, or that it was unnecessary, where a man, without practical experience as a logger, working as a signalman in the woods near a cable for about two weeks, was injured while giving a signal and standing in the bight of the cable, there was evidence that he was not warned of the danger, and was instructed by the foreman to give the signal at any point without crossing the road, and the foreman himself sometimes gave the signal from the same position. .</p> <p>Same — Assumption of Risks — Conteibutoey Negligence — Questions foe Juey. A signalman, without experience as a logger, is not guilty of contributory negligence, and does not, as a matter of law, assume the risk of injury from the swinging of a log, while he was giving a signal from a stump on the bank six feet above the log in the ravine below, especially where he was following the general instructions of the foreman to give the signals from the nearest point.</p>