Primley v. Elbe Lumber & Shingle Co.

Citations

• 53 Wash. 687
• 102 P. 763
• 1909 Wash. LEXIS 1392

Syllabus

<p>Master and Servant — Assumption oe Risks — Promise to Remedy — Incompetent Co-servants. An action by a sawyer for injuries sustained through the negligent employment of an incompetent co-servant as a setter does not fall within the rule that a servant does not assume the risks where he continues in the service on the promise of the master to remove the danger, where it appears that the co-servant C., represented to be an “apt fellow,” was to be tried for a couple of days, and if he did not make good another man was to be sent, and the sawyer merely objected to C. as incompetent, stating that it would save time and lumber to have another man; since the anticipated injury was not personal to the sawyer.</p>