Adams v. Peterman Manufacturing Co.

Citations

• 47 Wash. 484
• 92 P. 339
• 1907 Wash. LEXIS 792

Syllabus

<p>Appeal—Review—Waiver of Error—Trial. Error in refusing to grant a nonsuit is waived by proceeding with the trial.</p> <p>Trial—Direction of Verdict—Judgment Notwithstanding Verdict. Insufficiency of the evidence may be urged after waiver of a nonsuit, by a motion to direct a verdict, or for judgment notwithstanding the verdict.</p> <p>Master and Servant — Injuries — Guarding Machinery — Questions foe Jury. Where there was competent testimony that cutter heads in a grooving machine could have been practically and efficiently guarded, under the factory act, the questions of credibility of the evidence, and whether they should have been guarded, are for the jury. k</p> <p>Same—Evidence—Relevancy—Statements of Third Persons— Intentions of Master. Evidence of discussions between the appellant’s foreman and a deputy factory inspector as to tbe propriety of guarding machinery, and of tbe master’s future intentions, is inadmissible upon an issue as to whether a guard was necessary.</p> <p>Damages — Personal Injuries — Excessiveness. A verdict in favor of a minor for $1,119.25 for damages for tearing off one finger and lacerating the thumb and second finger is not excessive.</p>