Trudeau v. American Mill Co.

Citations

• 41 Wash. 465
• 83 P. 725
• 1906 Wash. LEXIS 990

Syllabus

<p>Master and Servant — Contributory Negligence — Injury to Employee Dumping Load of Wood — Complaint—Sufficiency. The complaint in an action for personal injuries sustained by a teamster in the defendant’s employ is insufficient, in that it shows that the plaintiff was guilty of contributory negligence which proximately caused the injury, where it appears therefrom that in using a dumping device on a wagon, known by him to be out of repair, and from which it was difficult to remove the wrench used in dumping the load, the plaintiff unnecessarily assumed a position where he would be struck by the wrench in case he was unsuccessful in removing it.</p>