Zintek v. Stimson Mill Co.

The opinion of the court was. delivered by

Scott, J.

This action was brought by the plaintiffs to recover damages of the defendant for negligently causing the death of Alexander Zintek, who was at the time performing labor for the defendant at its mill yard at Ballard, in King county. At the conclusion of the plaintiffs’ case, the court below granted a motion for a non-suit, on the grounds that the deceased and one O. C. Kelson, under whom he was working, were fellow servants, and because no negligence had been proven against the defendant.

The evidence shows that the deceased and one John…