Philbin v. Columbia & Puget Sound Railroad

Citations

• 56 Wash. 610
• 106 P. 169
• 1910 Wash. LEXIS 857

Syllabus

<p>Master and Servant — Negligence of Master — Defective Appliance — Evidence—Sufficiency. There is sufficient evidence of negligence in the use of a pneumatic rivet hammer used in structural iron work without a wire attached to the rivet set to prevent the set from being thrown from the hammer when the air was accidently applied while the hammer was not in place, where it appears that the same was an effective safety device, in common use, easily attached without lessening the effectiveness of the hammer, and would have prevented the accident.</p> <p>Same — Assumption of Risks — Contributory Negligence — Inexperienced Employees. Whether an apprentice and helper assumed the risk in assisting a foreman who was working with a pneumatic rivet hammer without a wire attached to the rivet set as a safety appliance in ease of accidental application of the air, or was guilty of-contributory negligence, is for the jury, where it appears that he was twenty years of age, had never worked with a pneumatic hammer before, and did not know that the wire should be used.</p>