Rastelli v. Henry

Citations

• 83 Wash. 225
• 145 P. 195
• 1915 Wash. LEXIS 672

Syllabus

<p>Master and Servant — Injury to Servant — Negligence—Question for Jury. Whether the foreman of railroad construction work was guilty of negligence in not anticipating injury to an employee whom he ordered to ride on the front of the engine, is a question for the jury, where there was evidence that the foreman placed a heavy pinch bar on the foot board of the engine, which joggled off on account of the roughness of the roadbed, and struck dirt dumps which the foreman knew had not been leveled, and caused the employee to be thrown onto the tracks.</p> <p>Same — Assumed Risks — Contributory Negligence — Question for Jury. Whether an employee in railroad construction work assumed the risks or was guilty of contributory negligence in obeying an order to ride upon the front of the engine, whereby he was thrown onto the rails when a heavy pinch bar on the foot board joggled off and struck' dirt dumps that had not been leveled, are questions for the jury, where, although the employee knew of the presence of the pinch bar and the roughness of the roadbed, he did not know of the presence of the dirt dumps, which were usually leveled off as soon as dumped, and he was ordered to hurry, so that he had no opportunity to select a safer place on the front of the engine than the one he occupied.</p>