Zintek v. Stimson Mill Co.

Citations

• 9 Wash. 395
• 37 P. 340
• 1894 Wash. LEXIS 327

Syllabus

<p>MASTER AND SERVANT — WHO IS VICE PRINCIPAL — NEGLIGENCE OP MASTER — CONTRIBUTORY NEGLIGENCE.</p> <p>The yard boss of a lumber yard, whose duty it is to superintend the piling of lumber therein and direct the workmen engaged in said work, who are subject to his order and control, stands in the position of a vice principal, instead of a fellow servant, of such workmen, although he may occasionally perform services as tally-man in measuring lumber, and although his authority to hire and discharge men is subject to the approval of the general superintendent.</p> <p>In an action against a mill company to recover for the death of plaintiff’s decedent resulting from injuries due to the negligent construction of a lumber pile, there is sufficient proof of defendant’s negligence when it is shown that a properly constructed lumber pile will stand alone; that decedent was an employe in the lumber yard and was killed by the falling of a pile near which he was working; that the pile which fell had been so carelessly and negligently constructed on an insufficient foundation that it only stood because it had been constructed between two other piles, the removal of one of which permitted its fall; and that the negligent construction of said pile of lumber was made under the direction and with the knowledge of the yard boss, who occupied the position of a vice principal.</p> <p>In such an action, the evidence does not show that plaintiff’s decedent was guilty of contributory negligence, when it does not appear therefrom that he had any actual knowledge of the defective foundation of the lumber pile which fell, although he had piled lumber thereon after it had attained a height of about ten feet.</p> <p>(Hoyt and Stiles, JJ., dissent.)</p>