Patrick v. Spokane & Eastern Railway & Power Co.

Citations

• 117 Wash. 317
• 201 P. 23
• 1921 Wash. LEXIS 1047

Syllabus

<p>Master and Servant (130) — Injury to Servant — Negligence— Evidence — Presumptions and Burden of Proof. Though an inference of negligence may arise from proofs of an accident causing an injury when attended with certain circumstances, even if there is no direct proof of specific negligence, an inference of negligence sufficient to make a prima facie case does not arise from the mere happening of an accident.</p> <p>Same. A workman in a railway repair shop who is injured by being struck by a casting which fell from a traveling crane cannot recover merely on the ground that the accident showed negligence on the part of the master, where there was no proof that the crane was furnished for plaintiff’s use, or that he was using it at the time, or that the castings were improperly tied, the evidence, however, showing that plaintiff had left a place of safety, and entered into the zone of danger merely to expedite the return of the crane for use at the point where he was engaged in working.</p>