Comrade v. Atlas Lumber & Shingle Co.

Citations

• 44 Wash. 470
• 87 P. 517
• 1906 Wash. LEXIS 860

Syllabus

<p>Master and Servant — Injury to Saw Filer by Starting Saw— Contributory Negligence — When Question fob Jury. A saw filer, who had a right to rely upon a signal for the starting of a mill, is not guilty of contributory negligence, as a matter of law, but the question is for the jury, where he was injured by the starting of the mill without warning, and the evidence is conflicting as to whether he assumed a dangerous position in doing the work or should have released the belt tightener before commencing work.</p> <p>Same — Fellow Servants — Warning of Starting Machinery'. An engineer whose duty it is to give a warning by two blasts of the whistle before starting the machinery in a mill, so that employees may get out of danger, is not a fellow servant of a saw filer engaged in filing saws during the noon hour; since the giving of such warning was one of the nondelegable duties of the master.</p> <p>Damages — Excessive Verdict — Appeal—Review—Reduction. A verdict for $2,500, reduced by the trial court to $1,500, is still excessive and will be further reduced by the supreme court to the sum of $1,000, where the plaintiff was not permanently injured, was in the hospital but two weeks, suffered for a short time thereafter, and within a short time was at work earning an advance of $2 per day over his previous employment.</p>