Wolfin v. Shafer Bros. Land Co.

Citations

• 103 Wash. 438
• 174 P. 650
• 1918 Wash. LEXIS 1088

Syllabus

<p>Master and Servant — Injury to Servant — Nondelegable Duties —Fellow Servants. Where an employee was ordered into an elevator shaft to dislodge a piece of lumber, it is the nondelegable duty of the master to protect him from injury by the descent of an elevator operated by a fellow servant, and the failure of the servant outside the shaft directing the plaintiff’s work to take the necessary precautions is the negligence of the master, making the law of fellow servants inapplicable.</p> <p>Same — Injury to Servant — Contributory Negligence — Question eor Jury. Where an employee was ordered into an elevator shaft to dislodge.a piece of lumber, it was not contributory negligence, as a matter of law, for him to enter the shaft without inquiring whether the necessary precautions had been taken to guard against the descent of an elevator which had remained stationary at one of the top floors during the work.</p>