Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-02-14
SUPREME COURT DECISION.
The Celebrated Case Of Carlson for
Damages for Injuries Received, at
the Port Madison Mill.

On the 29th day OF March 1883, the
defendant in the court below, was the
proprietor OF the Port Madison Mill
at Port Madison, kitsap county. Al
the mills he carried on the business
of manufacturing lumber, rough
and dressed, and from thence, by
means OF schooners which he owned
he shipped the lumber which he pro-
duced to various ports OF the Pacific
ocean for market.
The mill premises consisted of an
enclosed yard containing one or two
acres, with gates for the entrance and
exit OF employees as the business re-
quired. Inside of the yard and oc-
cupying one side of it, was the mill
proper, which was n two-story struc-
ture, sixty or seventy feet in width
and some three hundred feet long.
In the second story were the saws,
and principal mill apparatus, the en-
gines and planning machinery being on
the floor below The boiler house and
shop were across an open
area from the mill, distant fifty or
sixty feet, but within the yard. Adj
jacent to the mill was a wharf, upon
which lumber from the mill was run,
and thence loaded into the vessels as
they required cargoes. At the date
defendant, who himself resided
at Victoria, b. c., had one Meigs en-
ployed at the Port Madison Mills as
his general superintendent and mana
ger. Meigs' authority was very full,
so that some of the men who had
worked in the mill for years supposed
him to be the proprietor. But all
hands were paid their wages by de-
fendant's checks, signed by Meigs,
" agent" Under Meigs, and next in
authority, was one Bucklin, who was
general foreman over all the work
there carried on, and from whom the
men in the mill, engine room, boiler
room and log chute and on the wharf
took their general orders. each gang
of men, however, as rule. having a
sub-foreman, who was a laborer him
self and directed the work of those
with him. At the date named, there
were about seventy-five men employed
in and about the mill premises, in
connection with the business of the
defendant there carried on. Some had
regular employment in certain posi-
tions, as the engineer, the fireman,
the head carp nter, the head sawyer,
and perhaps some of the men in other
places; while others had no regular
employment, but were shifted from
one place to another, as occasion re-
quired their services. The plaintiff
below, Carlson, was one of the last
named class, and had been employed
in the mill since December Sth, 1888.
During that time he had been tally
man on the wharf, trimmer, scantling
gang sawyer, hook tender, and
tallyman in the mill. On Saturday,
March 9th, he had been acting as
tallyman in the mill, and at the close
of work on that day was assigned by
Bucklin to the scantling saw for the
next Monday. One Beston was the
head carpenter of the establishment,
whose duty it was to attend to such
as needed to be done
about the premises, either alone or
with such assistance as he required.
BeatOn had been for some time en-
gagged in repairing the schooner w
iette, one of the defendants vessels,
which lay at or near the mill, and had
occasion to use some ships-knees, in
Herewith. There were
'hips-knee timbers lying in the water
1t the mill, and On Saturday the log
1auler for the mill drew up some of
he timber into the mill to be sawed
to being dressed by Beat
IN, at the carpenter shop. The saw
ng OF these timbers required peculiar
and Beaton, Bucklin and
ome others did the work at the mill
aw, on Saturday after the regular
york was over, leaving the sawed
;nees lying OIL the floor, to be re-
moved by Beaton. At that time the
mill was running on three-quarter
ime, work commencing at eight
''clock in the morning Carlson's
ime to begin work was therefore eight
o'clock; but Beaton was working on
ull time, commencing at seven O'Clock.
seven and eight o'clock, on
morning, Beaton and two
'ther men who were in general en-
10y similar to CarlsOn's, but who, at
hat time, were detailed to assist the
ormer, went into the mill to remove
he shipsknees sawed the previous Sat
lrday, to the carpenter shop. There
we're a number of the knees, which
we're triangular timbers, weighing one
,r two hundred pounds each. There
we're means by which the knees could
nave been taken from the mill to the
carpenter shop without any danger of
injury to any person; but this would
nave involved carrying each one part
IF the length of the mill to the front
End, down stairway, and thence back
;he leng tn of the mill to the shop. A
much nearer way was to take them to
, window of small room built out at
The side OF the mill, at the rear, and
throw them to the ground some fifteen
'eet. The latter plan was adopted.
ocaton recognized the fact that some
person might be passing under the
window, all might be injured by a
falling knee; therefore he directed the
men who were about to throw out the
first knee to call out warning to any