O'Dell v. Northern Coast Timber Co.
O'Dell v. Northern Coast Timber Co.
Opinion of the Court
Plaintiff brought this action to recover for personal injuries. At the close of the evidence offered on behalf of the plaintiff, the trial court directed a verdict in favor of the defendants. Plaintiff has appealed from a judgment of dismissal.
It appears that the defendant, Northern Coast Timber Company, operated a logging camp near the town of Mineral, in this state. The Tacoma Eastern railroad passed through the place where the logging operations were being conducted. The logging company was required to drag logs over this railroad track. In order to do so, two donkey engines were used. One of these engines was stationed about two hundred feet on the easterly side of the railroad, and the other about the same distance on the westerly side thereof. One of these engines was used in dragging logs from the woods, and the other engine would then take the logs and drag them across the railroad track. In order to do this work, it was necessary to have a wire cable, about five-eighths of an inch in’ diameter, across the railroad track. Logs had been placed against the ends of the ties of the railroad track on each side thereof, a little higher than the rails, so that the logs being dragged over the railroad would not injure the rails of the railroad track. The wire cable lay across these logs and, when it was not in use, it would sag down somewhat. Sometimes it would rest upon the tops of the rails.
Plaintiff was employed by the Northern Coast Timber Company on March 15, 1910, as a rigging slinger. It was
Appellant argues that the danger was not apparent, and that it was the duty of the foreman to warn the plaintiff of the danger of standing on the side of the cable opposite the
We therefore think the trial court properly granted the
Parker and Gose, JJ., concur.
Dunbar, C. J., dissents.
Reference
- Full Case Name
- Ralph O'Dell, by O. B. O'Dell, his Guardian etc. v. Northern Coast Timber Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Master and Servant — Assumption op Risks — Duty to Warn— Obvious Dangers. An experienced logger, 21 years of age, is not entitled to recover for injuries sustained by reason of failure to warn him of the dangers to which he was exposed, and which were so obvious and apparent as to preclude a recovery, where it appears that he was directed to signal a railway train to stop until a cable across the track could be removed, that he stationed himself on a log and on the opposite side of and near the cable when the train was three or four hundred yards away approaching at 35 miles an hour, and remained there until the engine was only two lengths away, and then ran back and was struck by the cable, when he had ample time to place himself in a safe place, there being abundant safe places from which the signal could be given. Dunbar, C. J., dissents.