Props v. Washington Pulley & Manufacturing Co.

111 P. 888, 61 Wash. 8, 1910 Wash. LEXIS 1273
CourtWashington Supreme Court
DecidedDecember 2, 1910
DocketNo. 9159
StatusPublished
Cited by8 cases

This text of 111 P. 888 (Props v. Washington Pulley & Manufacturing Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Props v. Washington Pulley & Manufacturing Co., 111 P. 888, 61 Wash. 8, 1910 Wash. LEXIS 1273 (Wash. 1910).

Opinions

Gose, J.

The plaintiff, thirty-seven years of age, a boiler maker and a worker in structural iron and steel, was injured by a back fire or an explosion in the furnace of the boiler of the defendant’s plant, on October 14), 1909. The day preceding the injury, he was engaged to take the place of the regular night watchman at the defendant’s mill for a short time. The defendant was operating a plant for the manufacture of window sash, doors, etc. The plaintiff’s duties were to watch the mill, and to have steam sufficient to operate the plant at the opening hour each morning. He had had about six years’ experience as a boiler smith in the American naval service. During this time he had charge of the boilers. While engaged in that service, he fired at different times, when the regular fireman was ill, covering a period of about two weeks altogether. He had also fired about four months at another time, using coal as fuel in each instance. He had never used sawdust and shavings for fuel. On the night of the injury^ he was firing with sawdust and shavings taken from the mill. The defendant had provided slabwood to be used with the sawdust and shavings. The negligence charged is that the plaintiff had never used such fuel, that the defendant knew that explosions were liable to occur from its use, and that it failed to warn him of the danger. There was a verdict and judgment for the plaintiff. The defendant has appealed.

In addition to the facts stated, the respondent testified that he had never seen or heard of such an explosion, and that he had no knowledge that a stove would blow out. The respondent banked the fire, closed the furnace door, and a few minutes later there was an explosion in the fire box, and the door was thrown open and fire and shavings thrown upon him. He testified that he had not changed the dampers to the furnace, but that he left them as the engineer had placed them. The engi[10]*10neer who employed him knew that there had been baek fires in the furnace, but did not instruct or warn him. The former explosions had been trivial, and had not injured any one. The respondent had lived for many years within a short distance of the appellant’s plant, and had been a frequent visitor at the furnace room, in both the daytime and the nighttime.

The appellant insists, that the danger which caused the respondent’s injury was not a hidden or latent one, but an obvious one springing from simple, natural, and universal laws, of which respondent was bound to take notice; that there was no duty upon the appellant to warn him of such laws; and that he assumed the risk incident to the employment. This view we think must be upheld. The rule as to the duty of the master to warn .the servant is aptly stated in 1 Dressler’s Employers’ Liability, § 98, as follows:

. “In the absence of anything to show the contrary, the latter has a right to assume that the servant knows those-facts of common experience with which ordinary persons of his age and experience are familiar — such matters as are within common observation, and are according to natural law. He has also the right to assume that his servant will exercise reasonable care, under the circumstances, to inform and protect himself.”

See, also, 1 Labatt, Master & Servant, § 241; 26 Cyc. 1168; Wharton v. Tacoma Fir Door Co., 58 Wash. 124, 107 Pac. 1057. The contention that upon the facts stated the respondent assumed the risk, is supported by the following cases. Nordstrom v. Spokane & Inland Empire R. Co., 55 Wash. 521, 104 Pac. 809, 25 L. R. A. (N. S.) 364; Roessler etc. Chemical Co. v. Peterson, 134 Fed. 789; Bollmgton v. Louisville & N. R. Co., 30 Ky. Law 1260, 100 S. W. 850; San Antonio Gas Co. v. Robertson, 93 Tex. 503, 56 S. W. 323; Johanson v. Webster Mfg. Co., 139 Wis. 181, 120 N. W. 832; Fuller v. New York etc. R. Co., 175 Mass. 424, 56 N. E. 574.

• In the Nordstrom case, the plaintiff, twenty-six years of age, was engaged in sawing steel .lugs-. While so occupied, [11]*11some of the particles of steel released in the process of sawing got into his eye. He was under treatment for some time, when it became necessary for his eye to be removed. It appeared that, before he received the injury, steel filings had been blown into the eyes of some of his fellow workmen, resulting in inflammation but not in the loss of an eye. In reaching the conclusion that the plaintiff assumed the risk, we said:

“It must be a matter of common knowledge to such a man that sawing iron lugs would create iron dust; that this iron dust would fly with, the wind, or be thrown or forced by the movement of the saw; that flying dust would enter the eye if sufficiently near; that iron dust entering the eye might result in an injury the nature and extent of which, from the well-known delicate structure of the eye, no man could foresee.”

In the Roessler case, the plaintiff, a man forty years of age and of varied experience, was injured by the explosion of lime while slacking it in the process of making whitewash. It was contended on the part of the plaintiff, that it was the duty of the master to instruct him as to the dangers attending the work. In holding that the court should have given a peremptory instruction for the defendant, it was said:

“We cannot, in the light of the evidence, regard whitewashing, and the slacking of lime as incident thereto, as outside the scope of the general employment of such a laborer as the plaintiff is proved to have been. He must, therefore, be considered to have assumed the risk incident to his employment. Whitewashing, and the slacking of lime for that purpose, is one of the commonest of domestic services. No special skill or training, and the slightest experience only, are required to perform it. That heat and steam are evolved in the slacking of lime, is almost as much a matter of common knowledge as that boiling water will produce steam, and it cannot be seriously contended that any special duty of protection is owing by the employer to a laborer of mature years and intelligence, who assumes, upon request, the work of slacking lime for the purpose of whitewashing. The employer, in this case, is not to be complained against for assuming that such [12]*12a man understands, as well as the employer, all that is necessary to be understood aboút the work he undertakes.”

In the Bollington case a judgment was affirmed sustaining a demurrer to a complaint which alleged that the plaintiff, a boy nineteen years of age, was injured by an explosion while mixing lime and water, and that he did not know and had not been warned that it would explode. The court said that the explosion produced by the mixture of water and lime was but the result of a common and universal natural law, generally known, of which the plaintiff was required to take notice. In the Robertson case, the plaintiff, while painting a hot boiler with coal tar which he had been instructed to and had heated for the purpose, was injured by the popping of the tar. The court said:

“Such risk as there was is of the same nature as that which every cook using stoves and cooking utensils in connection with water or grease incurs. It was not greater than the farm-hand incurs in handling the simple tools with which he performs his labor.”

In the Johanson case, an injury was sustained by the igni- • tion of benzine which had been spilt upon the floor and about which the plaintiff was in the habit of working.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Poling v. Charbonneau Packing Corp.
278 P.2d 375 (Washington Supreme Court, 1954)
Cummins v. Dufault
139 P.2d 308 (Washington Supreme Court, 1943)
Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
194 N.W. 741 (North Dakota Supreme Court, 1923)
Swanson v. Oregon-Washington Railroad & Navigation Co.
159 P. 379 (Washington Supreme Court, 1916)
Hanson v. Shipley
129 P. 377 (Washington Supreme Court, 1913)
O'Dell v. Northern Coast Timber Co.
115 P. 1085 (Washington Supreme Court, 1911)

Cite This Page — Counsel Stack

Bluebook (online)
111 P. 888, 61 Wash. 8, 1910 Wash. LEXIS 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/props-v-washington-pulley-manufacturing-co-wash-1910.