45 Wash. 323 | Wash. | 1907
The plaintiff in this case recovered a judgment for $5,348, for personal injuries. Defendant appeals.
There is no dispute as to the facts. The only question presented is whether under the facts the plaintiff ma.de a case sufficient to go to the jury. The facts are: The appellant owned and operated a sawmill in Snohomish county. The saw-carriage used in the mill was the kind commonly known as a “shot gun” or “steam feed” carriage. It was moved back and forth upon a track past the saw by means of steam power applied directly to the piston attached to the carriage. The steam was applied by means of a lever operated by the head sawyer. This lever was equipped with a device which, when used, held the lever when not in use so to prevent the ad
Counsel for appellant contend that the appellant had done its full duty when it furnished a reasonably safe place for respondent to work, reasonably safe tools and machinery, and reasonably careful employees. Such is no doubt the rule. But the duty of the master does not end there. He must also
In the case of O’Brien v. Page Lumber Co., 39 Wash. 537, 82 Pac. 114, in speaking upon this question, we said: “This contention is probably correct so far as the mere fact of using the nigger is concerned.” But we held in that case, that, where the master knew, or should have known, the danger in which the servant stood, and when the master directed the machinery in motion without warning the servant, the master was liable for the injury occasioned to the servant. The line between the duties of the master arid the duties of the servant was drawn in that case at the point of control of the machinery. In the' case of Dossett v. St. Paul etc. Lumber Co., 40 Wash. 276, 82 Pac. 273, the same rule was applied. In both of those cases the act of negligence consisted of directing machinery into motion without warning a servant in a dangerous place. In the case at bar the negligence consisted in the omission of the sawyer to use a device furnished him, and in failing to warn the servant thereof. If it was the duty of the master to furnish and maintain a reasonably safe place for the servant, it seems to follow that it was his duty to
We are of the opinion, therefore, that the omission to use the safety device or in some Avay to control the carriage, Avas as much negligence of the master as though he had been personally present and had given an unusual order or had started the machinery when the servant Avas known 'to be in a dangerous place, Avithout warning, or had omitted some other duty
The judgment is affirmed.
Dunbar, Crow, and Rudkin, JJ., concur.