Ball v. Peterman Manufacturing Co.

Citations

• 47 Wash. 653
• 92 P. 425
• 1907 Wash. LEXIS 829

Syllabus

<p>Master and Servant—Negligence of Master—Starting Machinery Without Warning—Evidence—Sufficiency. Whether a sawyer was guilty of negligence in starting machinery without warning, whereby a log was rolled onto the plaintiff’s hand while he was greasing a wedge as directed by the sawyer, is for the jury, where there was evidence that the plaintiff was acting as directed, and the log was rolled without warning him, and that the ropes controlling the machinery were twisted so that they could not be intelligently operated.</p> <p>Same — Contributory Negligence — Warning — Youthful Employee. A seventeen year old boy is not guilty of contributory negligence, as a matter of law, in failing to get out of the way of a log, when he was standing with his back to the sawyer, greasing a wedge under one end of the log as directed, and the sawyer put the machinery in operation rolling the log without giving any warning.</p> <p>Damages—Injuries—Excessiveness. A verdict for $2,500 for injuries from the crushing of two fingers of a seventeen year old boy, necessitating amputation of one of them, is excessive and should be' reduced to $1,500.</p>