Sandanger v. Carlisle Packing Co.

Citations

• 112 Wash. 480
• 192 P. 1005
• 1920 Wash. LEXIS 788

Syllabus

<p>Master and Servant (31,155)—Injury to Servant—Negligence— Furnishing Unsafe Appliances. The furnishing of gasoline in a kerosene can which was customarily used for kerosene to start a fire in the galley stove of a motor boat, is negligence rendering the owner liable for injuries sustained by a member of the crew through an explosion resulting from its attempted use under circumstances from which he might assume that the contents was kerosene.</p> <p>Master and Servant (147)—Injury to Servant—Cause of Accident—Evidence—Sufficiency. Upon an issue as to whether defendant negligently filled a kerosene can with gasoline, as part of the equipment of a motor boat, resulting in an explosion, injuring a servant who attempted to start a fire with it, a finding- for plaintiff is sustained where there was evidence that the can was filled from appellant’s stores on shore shortly before starting on the trip; that the explosion was of great violence and clearly showed that the use of a small quantity of gasoline would generate fumes sufficient to cause such an explosion, while a similar use of kerosene would not do so, there being no suggestion that the contents of the can was other than kerosene or gasoline.</p> <p>Seamen (3)—Injury to Seamen—Courts—Concurrent Jurisdiction. The rights of a seaman as to injuries resulting from unseaworthiness ofi the ship are the same under the rules of the common and the maritime law.</p> <p>Admiralty (3, 4)—Maritime Torts—Injury to Seaman—Jurisdiction of Courts—Common Law Remedy. A member of the crew of a motor boat injured by an explosion of gasoline negligently furnished in a kerosene can as part of the equipment of the boat, when attempting to use the contents of the can in the customary manner in starting a fire in the cook stove, may sue in the state courts for damages sustained from such injuries, and is not limited under the maritime law to a recovery of necessary expenses in his maintenance and cure, though his employment and service