Tatum v. Marsh Mines Consolidated

Citations

• 108 Wash. 367
• 184 P. 628
• 1919 Wash. LEXIS 893

Syllabus

<p>Master and Servant (74)—Fellow Servants — Methods of Work-—Statutory Liability. An agreement between one employed as a blacksmith and his helper as to the method of performing their work does not fall within the provisions of Laws of Idaho, 1909, p. 34, § 1, making the master liable for injuries to servants by any act of fellow servants done in obedience to the rules and regulations or by-laws of the master.</p> <p>Statutes (74)—Construction—Provisos. A proviso attached to a statute is a restraint upon or exception to it and does not extend the scope of the class of persons that come within it.</p> <p>Master and Servant (100, 101) —Assumption of Risks—-Complaints—-Promise to Remove Danger. A blacksmith’s assumption of risk from the incompetence of his helper is not avoided by the fact that he made two complaints to the foreman and reguested a change of helpers, where he did not indicate unwillingness to remain in the service, and the foreman merely stated he would see what could be done about it.</p> <p>Evidence (27)—Presumption—Laws of Other States. In the absence of proof, it will be presumed that the law of another state as to assumption of risks is the same as the common law of this state.</p>