Shore v. Spokane & Inland Empire Railroad

Citations

• 57 Wash. 212
• 106 P. 753
• 1910 Wash. LEXIS 728

Syllabus

<p>Master and Servant — Assumption of Risks — Known Dangers. —Evidence—Sufficiency. A member of a gang on a tower car putting up a trolly wire, who admitted that he was familiar with the work and appreciated all the dangers, assumes the risks and a non-suit is proper, where it appears that in the hurry to get out of the way of a passenger train, two mast arms were skipped, leaving-three hundred feet of wire hanging from the spool, which was liable to slip at any time, that it slipped, causing plaintiff to lose his balance and involuntarily seize a live wire about three feet distant, which severely burned the plaintiff when the other wire sagged to the ground.</p> <p>Same — Cause of Accident. In such a case it is immaterial whether or not the foreman negligently directed the man at the brake on the spool to slack the wire, where the uncontradicted testimony showed that any such order, if given, was not obeyed.</p>