Bier v. Hosford

Citations

• 35 Wash. 544
• 77 P. 867
• 1904 Wash. LEXIS 482

Syllabus

<p>Master and Servant — Negligence—Assumption oe Risk — Apparent Danger From Unguarded Mangle in Laundry. In an action for personal injuries sustained hy an operator of a five roll mangle in a laundry, by reason of the alleged removal of a guard, whereby plaintiff’s hand was caught between the rolls, the plaintiff assumes the risks or is guilty of contributory negligence as a matter of law, where it appears that she is an intelligent woman of the age of 25 years, had been working on the machine in question as a feeder for three months, and it was obvious that she would suffer injury if she allowed her hands to he caught while running clothes through the machine, and she fully appreciated the danger, and it is error to refuse to grant a nonsuit.</p> <p>Same — Obeying Instructions. A servant is not justified, in the presence of apparent danger, in putting life or limb in jeopardy hy rushing the work unreasonably in obedience to orders of a fellow-servant, who was in charge of the work.</p> <p>Same — Pleading—Assumption op Risks — Nonsuit. While assumption of risks is an affirmative defense which must be pleaded, still, when it appears by the plaintiffs evidence that he cannot recover in any event by reason thereof, defendant is entitled to a nonsuit.</p>