Robare v. Seattle Traction Co.

Citations

• 24 Wash. 577
• 64 P. 784
• 1901 Wash. LEXIS 573

Syllabus

<p>MASTER AND SERVANT-ASSUMPTION 03? RISK-APPARENT DANGERS-CONTRIBUTORY NEGLIGENCE.</p> <p>An employee, injured by tbe the giving way of a tie of a trestle and being precipitated into the water beneath, is chargeable with contributory negligence, where defendant was engaged in repairing the trestle by drawing new piles, laying new stringers and ties, where necessary, and laying new rails; and, in order to drwe new piles, the ties had been cut out at intervals, a fact which was known to all the workmen, and was a danger that was apparent and against which the foreman had frequently warned the workmen; and the injury to plaintiff was the result of his having stepped upon one of these shortened ties, while engaged in the work of pulling and gathering the spikes which held the rails to the ties.</p>