Hogg v. Standard Lumber Co.

• Decision Date: 27 February 1909
• Citation: 52 Wash. 8,100 P. 151
• Court: Washington Supreme Court
• Parties: HOGG v. STANDARD LUMBER CO.

100 P. 151

52 Wash. 8

HOGG v. STANDARD LUMBER CO.

Supreme Court of Washington

February 27, 1909

Appeal from Superior Court, Spokane County; Wm. A. Huneke, Judge.

Personal injury action by William Hogg against the Standard Lumber Company. Judgment for defendant, and plaintiff appeals. Affirmed.

S. P Dorner and Harris Baldwin, for appellant.

Danson & Williams, for respondent.

CROW J.

Action by William Hogg against the Standard Lumber Company, a corporation, to recover damages for personal injuries. One Hiram Hogg, father of the plaintiff, entered into a contract with the Standard Lumber Company to haul logs from certain timber land in Spokane county to defendant's sawmill, and in the performance of such contract employed the plaintiff William Hogg to drive one of the teams. The logs were loaded upon sleds by employés of the defendant. The plaintiff, by direction of the defendant's foreman, hitched his team to a loaded sled, and started for the mill, about three miles distant. He alleged that the logs were not properly loaded and secured so as to prevent them from slipping or falling that the defendant knew of such defective loading; that while he was riding on the load and driving his team some of the logs slipped and fell, throwing him to the ground, causing his injuries; that his only duty was to drive the team; and that the accident was caused by the defendant's negligence in loading the logs. On a jury trial, the plaintiff having rested, the defendant challenged the sufficiency of his evidence, and moved the court to withdraw the case from the jury. This motion being granted, final judgment was entered in favor of the defendant. The plaintiff has appealed.

The appellant by his first assignment of error contends that the respondent's challenge to the sufficiency of the evidence should have been denied. The trial court in sustaining the challenge held (1) that the appellant had failed to produce evidence sufficient to show any negligence on the part of the respondent; and (2) that appellant had voluntarily assumed the risk of the dangers of the employment in which he was engaged. After a careful examination of the evidence, we conclude that these holdings should both be sustained although we will only discuss the issue of respondent's alleged negligence. Appellant at the date of the accident lacked but a few days of his majority. The undisputed evidence shows that he was a man in size, weight, strength, and experience; that he had cut logs, hauled logs, and worked in sawmills and lumber camps for the period of four years; that he had loaded logs and driven teams; that these logs were loaded upon sleds at a lumber camp by respondent's employés; that the appellant had ample opportunity to see and observe the manner in which the particular load causing his injury had been secured upon the sled; that in driving to the mill the front runner of his sled broke through some ice, and fell into a deep rut or hole; that the load was thereby caused to sway; and that some logs slipped off the sled, striking appellant. He testified that he did not examine or look at the load of logs to ascertain its condition before hitching his team to the sled. He assumed that it was properly secured.

One Inman, who asked permission to ride with him, testified that appellant stopped his horse, and, in substance, said that he (Inman) might climb on if he was not afraid, but that he (appellant) was a little bit afraid. One Alford appellant's witness, in response to questions propounded by his own counsel, testified as follows: 'Q. Would you consider a load of the size of that that the plaintiff was hauling, loaded in the manner that you have illustrated here, to be loaded safely for hauling over the road that that load was to be hauled over? A. You mean that load? Q. Yes. Considering the condition of the logs, the ice and the snow that was on them. A. Well, they were as safe...