Swanson v. Oregon-Washington Railroad & Navigation Co.

Citations

• 92 Wash. 423
• 159 P. 379
• 1916 Wash. LEXIS 769

Syllabus

<p>Master and Servant — Injury to Servant — Assumption of Risks —Federal Act. Assumption of risks is a defense to a servant’s action for personal injuries, where no violation of any statute is alleged, whether the action is within or without the Federal employers’ liability act.</p> <p>Same — Injury to Servant — Patent Risks — Duty to Warn — Assumption. The danger of pinching one’s fingers while unloading rails is so obvious to a mature, experienced laborer, that failure to warn of the danger is not negligence; and the risk was an incident to the employment which was assumed.</p>