Beltz v. American Mill Co.

Citations

• 37 Wash. 399
• 79 P. 981
• 1905 Wash. LEXIS 742

Syllabus

<p>Master and Servant — Contributory Negligence — Injury to Operator of Saw — Removal of Sawdust Without Stopping Saw — Nonsuit. The operator of a re-saw, who is injured in removing sawdust while the saw was in motion, is guilty of con; tributory negligence, and a nonsuit is properly granted, where it appears that he could have stopped the saw for that purpose and obviated the danger, without stopping the other machinery in the mill, that the danger of removing the sawdust while the saw was in motion was open and apparent, and that in attempting to remove the sawdust without stopping it, he slipped and threw his hand into the saw.</p> <p>Same — Evidence — Operation of Saw — Cross-Examination Tending to Show Contributory Negligence. In an action for personal injuries sustained by the operator of a re-saw in attempting to remove sawdust while the saw was in motion, where the plaintiff testified at length as to the necessity of so doing, the mode of operation, and construction of the machine, it is proper to. ask on cross-examination how often the saw was stopped to permit the removal of sawdust, and the manner of stopping the saw; and the fact that such evidence tended to show contributory negligence is not a valid objection thereto.</p>