Rosellini v. Salsich Lumber Co.

Citations

• 71 Wash. 208
• 128 P. 213
• 1912 Wash. LEXIS 723

Syllabus

<p>Master and Servant — Injury to Servant — Defective Appliances —Issues and Proof — Evidence—Relevancy. In an action for personal injuries through the derailment of a hand car that suddenly-left the track, evidence that one of the brasses upon the boxing of the front wheels fell out, just before or at the time the car left the track, is relevant to the issues raised by allegations that the car was old and generally worn out and unsafe to ride upon.</p> <p>Same — Safe Appliances — Master’s Duty to Inspect. Where a defective hand car was used on a logging road for the purpose of transporting a track crew from place to place, the duty of inspection and furnishing safe instrumentalities is upon the master, and not upon a member of the crew who was not charged with the positive duty to keep it in repair; especially where several hand cars were supplied for the use of the men.</p> <p>■Same — Cause of Accident — Evidence—Question for Jury — Res Ipsa Loquitur. Where a hand car suddenly left the track, and the brasses upon the boxing of one of the front wheels came off just before or at the time the car left the track, and there was some evidence that it was the top brass that came off, which would allow the wheel to go out of place, there is sufficient evidence of the cause of the accident to make a prima facie case and to require the defendant, whose duty it was to inspect and furnish .safe instrumentalities, to rebut the same by a reasonable explanation of the cause of the accident; and in such a case it is unnecessary to resort to the doctrine of res ipsa loquitur.</p>