Vianello v. Washington Iron Works Co.

Citations

• 55 Wash. 552
• 104 P. 784
• 1909 Wash. LEXIS 798

Syllabus

<p>Master and Servant — Safe Place — Duty to Warn- — Negligence of Master — Evidence—Sufficiency. There is no evidence of negligence warranting a recovery for failure to furnish a safe place to work or in requiring dangerous work without instructions, where it appears that plaintiff, employed for six months in a foundry, was injured while helping twenty to thirty men push a heavy car loaded with flasks into the oven, in the same manner as was done every day, that the car was properly loaded, the place light and free from any danger except the obvious one of placing hands in open places between the moulds, that there was sufficient hand holds without using the place of danger, and that the men were repeatedly warned not to place their hands in the open spaces in pushing, because of danger to the hands and injury to the moulds, although no particular warning was given on that occasion, and the plaintiff testified that he was unacquainted with the English language and did not appreciate the dangers.</p> <p>Same — Contributory Negligence — Evidence—Sufficiency. In such a case, the employee is guilty of contributory negligence precluding any recovery, as a matter of law, where he placed his hands in an open space between the moulds, which was apparently exceedingly dangerous.</p>