Benner v. Wallace Lumber & Manufacturing Co.

Citations

• 55 Wash. 679
• 105 P. 145
• 1909 Wash. LEXIS 821

Syllabus

<p>Master and Servant — Negligence of Master — Defective Appliance — Guards—Factory Act. A master is not relieved from the duty of properly safeguarding saws and so “maintaining” them, as required by the factory act, by the fact that various servants, from time to time, removed the safeguards supplied, to suit their own convenience, where the injured servant did not do so, and was ordered to work upon an unguarded saw.</p> <p>Same — Assumption of Risks. Assumption of risks is not a defense to an action for personal injuries sustained by reason of the master’s failure to guard a saw as required by the factory act.</p> <p>Master and Servant — Appliances — Guarding Machinery — Factory Act — Prima Facie Case — Instructions—Harmless Error. In an action for personal injuries sustained by a knot-sawyer while at work upon an unguarded saw, it is not prejudicial error to refuse to give defendant’s requested instruction that the posted certificate of inspection of the labor commissioner was prima facie evidence of compliance with the factory act requiring the guarding of saws (made so by statute), where there was much evidence that the saw in question was not guarded and the defendant had introduced evidence, including that of the inspector himself, to show that it was properly guarded; the prima facie case thereby becoming immaterial.</p>