Walters v. Sievers

Citations

• 107 Wash. 221
• 181 P. 853
• 1919 Wash. LEXIS 1004

Syllabus

<p>Trial (134, 143)—Verdict—Construction and Operation. In an action for personal injuries received when an employee, pursuant to a command, removed a halter from a vicious cow, a general verdict for plaintiff, together with a special finding that he was injured as he claims, amounts to a finding that he removed the halter pursuant to orders.</p> <p>Master and Servant (102, 161) —Risks Assumed — Compliance With Commands. Whether a farm hand, employed to milk and care for cows, assumed the risks in removing a halter from a cow known by him to be vicious, is a question for the jury, where there was evidence that he did so under protest in the presence and at the command of the employer; the question being whether he acted as a reasonably prudent person.</p> <p>Chadwick, C. J., and Mount, J., dissent.</p>