Campbell v. Wheelihan-Weidauer Co.

Citations

• 45 Wash. 675
• 89 P. 161
• 1907 Wash. LEXIS 539

Syllabus

<p>Master and Servant —■ Guarding Machinery — Factory Act — Question for Jury. The question whether machinery could have been advantageously guarded within the requirements of the factory act, is for the jury where there is direct conflict in the evidence on that subject (Root, J., dissenting).'</p> <p>Same — Assumption of Risks — Failure to Notify Master of Lack of Guard. An employee does not assume the risk from the master’s failure to guard machinery, in violation of the factory act, by reason of having failed to notify the master of such failure under § 6 of the act, as that notice is for the sole purpose of securing an inspection of the factory; and the duty to notify the master of defects does not obtain where there is an entire failure to provide a guard (Root, J., dissenting).</p> <p>Damages — Excessive Verdict. A verdict for $7,500 for the loss of four fingers of the right hand is excessive, and should be reduced to $5,000.</p>