Anderson v. Pacific National Lumber Co.

Citations

• 60 Wash. 415
• 111 P. 337
• 1910 Wash. LEXIS 1059

Syllabus

<p>Master and Servant — Assumption of Risks — Violation of Factory Act. The defense of assumption of risks is not available to a master who has failed to comply with the statute requiring the guarding of machinery.</p> <p>Trial — Province of Court — Nonsuit—Contributory Negligence. An action for personal injuries cannot be taken from the jury on the ground of plaintiff’s contributory negligence, unless the same appears so plainly that reasonable minds cannot differ as to the natural consequences of the acts proven.</p> <p>Master and Servant — Contributory Negligence — Dangerous Acts — Evidence—Sufficiency. An oiler is not guilty of contributory negligence, as a matter of law, in attempting to turn up a grease cup on a shaft, in a narrow space dangerously near an unguarded saw, where he was acting as instructed, in the usual and ordinary method, which from the construction of the mill was the- only way in which the shaft could be oiled, and the cup had been operated in that way almost hourly for two or three months without accident.</p>