Taylor v. Washington Mill Co.

Citations

• 50 Wash. 306
• 97 P. 243
• 1908 Wash. LEXIS 719

Syllabus

<p>Master and Servant — Negligence of Master' — Safe Place — Fall of Chisel. There is no negligence shown on the part of a master, and a nonsuit is properly granted, where it appears that a servant, engaged in washing the floor of a reservoir while carpenters overhead were shingling the roof, was injured by the fall of a chisel used by them in their work in the ordinary and usual way, using ordinary tools, all of which was familiar to the plaintiff, that the chisel was shaken and dropped down after being stuck in the roof, and there was no evidence that such was not the usual and a reasonably safe place for it.</p> <p>Same — Fellow Servants — Different Departments. A servant employed in washing the floor of a reservoir, and carpenters engaged in shingling the roof of the reservoir, then in the course of construction, are fellow servants, and the defendant is not liable for an injury to the former by reason of the negligence of the latter in allowing a chisel to fall, where the injured servant knew that the carpenters were at work overhead using ordinary tools in the usual and ordinary way, although they were working under the direction of a different foreman.</p>