Boyle v. Anderson & Middleton Lumber Co.

Citations

• 46 Wash. 431
• 90 P. 433
• 1907 Wash. LEXIS 633

Syllabus

<p>Master and Servant — Injuries to Servant — Assumption oe Risks. An offbearer in a sawmill cannot recover for injuries sustained in a fall by reason of the constant accumulation of sawdust, bark and refuse upon the floor where he was required to walk, where he was in a position to observe the gradual change and made no complaint to the foreman, who was not shown to have personal knowledge thereof.</p> <p>Same — Guarding Dangerous Machinery — Factory Act — Question por Jury. A nonsuit is error in an action by an offbearer who slipped and fell, throwing his hand into gearing for the live rolls which bear away lumber from a saw, and which were guarded .only on top, and unprotected on the lower side about eight inches from the floor, along which gearing the plaintiff was required to walk; since it was a question for the jury whether the gearing could have been, or was, effectively guarded, or whether the accident should have been reasonably anticipated.</p>