Barclay v. Puget Sound Lumber Co.

Citations

• 48 Wash. 241
• 93 P. 430
• 1908 Wash. LEXIS 840

Syllabus

<p>Master and Servant — Relation—Independent Contractor. The relation of an independent contractor is not created by a contract whereby one agrees to employ the help and operate a lath mill and to receive as compensation a certain sum per thousand lath, after the owner has paid the employees therefrom, the owner having retained control of that department of the mill and the mode of work, and control over the workmen employed.</p> <p>Same — -Negligence—Actions for Injuries — Guarding Machinery —Question for Jury. The question as to whether machinery can be advantageously guarded under the factory act is for the jury where that was the principal issue in the case and the testimony is conflicting.</p> <p>Same — Evidence—Admissibility. Upon an issue as to whether machinery can be advantageously guarded, evidence that a certain contrivance could have been attached as a guard is not objectionable because the same was not in general use or commonly known, the question whether reasonable care was exercised in providing a guard being for the jury in such a case.</p> <p>Same. In an action for personal injuries received on a trimmer saw through the alleged failure to provide a guard, evidence as to the necessary size of the saw is immaterial, there being -no issue on that question.</p> <p>Same — Trial—Instructions. An instruction upon the necessity of guarding machinery under the factory act, stating the law too broadly when considered alone, is not ground for reversal, where, considered in the connection in which it was used, it was limited by other instructions in a way that could not have misled the jury.</p> <p>Trial — Misconduct of Counsel — Argument. Argument of counsel going beyond legitimate limits is not ground for reversal where the trial judge rebuked counsel and removed any prejudice the jury may have received.</p> <p>Damages — -Personal Injuries — Excessive Verdict. A verdict for $5,000, for the loss of two front fingers of the right hand is excessive, and should