24 Wash. 83 | Wash. | 1901
The opinion of the court was delivered by
This action was brought by the widow and children of Walter H French, deceased, who was killed while in the employment of the appellant, the First Avenue Railway Company. The complaint alleges the employment by the defendant as an engineer in its power house; that the ■ said French was required to work in an unsafe place; that the defendant had negligently and carelessly allowed the platform around the winder wheels in its power house to remain unfinished, open, and ex
We have carefully examined the testimony of the plaintiffs in this case, and from such examination, without considering the testimony of the defense, we are of the opinion that the motion should have prevailed. The law in relation to the liability of employers and the duty of the employee has been so often announced at length by this court that it would serve no good purpose to go into an extended investigation of that subject now. It was held in the case of Hoffman v. American Foundry Co., 18 Wash. 287 (51 Pac. 385), that the duty of the master to furnish the servant reasonably safe tools, machinery, and appliances with which to work, and the
■ ■ But it is contended by the respondents that the engineer in this case was newly employed, and had’ not had sufficient time to acquaint himself with the defects in the machinery. The testimony shows, — at least, the testimony of the plaintiffs, — that it was about five feet and a half from the platform to the place where the bearings had to be oiled; that there was a ladder upon which the engineer ascended to a platform between the winder wheels, and that the place or space which he had to traverse in order to reach the oil cups to oil the machinery was somewhat defective; that there1 were no guards or rails to keep a person from falling if he lost his balance; that it was not walled up entirely to the wheels f that in one place the cement had fallen off from a space about
The judgment is reversed, and the cause remanded with instructions to the lower court to dismiss the cause.
Reavis, C. J., and Fullerton and Anders, JJ., concur.