Waterman v. Skokomish Timber Co.

Citations

• 65 Wash. 234
• 118 P. 36
• 1911 Wash. LEXIS 910

Syllabus

<p>Master and Servant — Negligence—Defective Appliances — Evidence — Question for Jury. The negligence of a logging company-in overloading a boat, so that it was overturned and two men drowned, is for the jury, where it appears that the boat was leaky, that it was put out into a swift stream with nine men in it, and not equipped with paddles or oars, so that it became unmanageable in the swift current.</p> <p>Same — Assumption of Risks — Obvious Dangers. In such a case, the boatman, an Indian, .in charge of the boat, assumes the risks, where it appears that he was skilled in the navigation of the river and knew the capacity of the boat better than any one else, and that it was leaky, and that he made no request for paddles or any complaint or protest.</p> <p>Same — Assumption „of Risks — Contributory Negligence — Obedience to Orders — Obvious Dangers — Evidence—Sufficiency. In such a case, a direction by the foreman to another man to get into the boat so that they could go on, does not amount to an order to tbe boatman that would relieve bim of tbe assumption of risks or tbe charge of contributory negligence, where it was not intended as an order and no order was necessary, and where tbe dangers were so obvious and imminent that a reasonably prudent man would not have undertaken tbe service.</p>