Remnsnyder v. Lowman & Hanford

Citations

• 92 Wash. 95
• 159 P. 107
• 1916 Wash. LEXIS 750

Syllabus

<p>Master and Servant — Injury to Servant — Proximate Cause— Contributory Negligence. Where an employee’s heel was caught against an. eye beam, when the elevator in which he was riding passed an inset or recess in the wall of the shaft, the defect in the elevator shaft was the proximate cause of the injury, and he was not guilty of contributory negligence in unconsciously moving his foot back a few inches at the moment of passing the eye beam; since the defect was not so open and apparent that he was bound to anticipate and constantly keep it in mind.</p> <p>Same — Contributory Negligence. In such a case, the employee cannot be charged with contributory negligence because he stood at the back of the elevator instead of at the side, where there was room for him at either place.</p> <p>Same — Fellow Servants. The law of fellow servant is inapplicable where the injury to a servant riding in an elevator was caused by a defect in the elevator shaft and not by the act of his fellow servant.</p>