Samardege v. Hurley-Mason Co.

Citations

• 72 Wash. 459
• 130 P. 755
• 1913 Wash. LEXIS 1488

Syllabus

<p>Master and Servant — Negligence—Saps Place to Work — Evidence — Sufficiency—Assumption op Risk. An action by a workman employed in piling up cement bags, for injuries sustained through the fall of a pile of bags, alleged to have been “piled too high” and in a negligent manner, must fail in the absence of any evidence to show the cause of the fall, or that the pile was improperly piled, especially where the plaintiff was experienced and might have assumed the risk of a dangerously high pile.</p> <p>Mastee and Servant — Injury to Servant — Cause op Accident— Res Ipsa Loquitur. In an action for injuries through the fall of a pile of- cement bags injuring a workman engaged in piling bags, the doctrine of res ipsa loquitur does not apply, where there was nothing to indicate whether the fall was due to negligent piling or the act of a fellow servant.</p>