Crooker v. Pacific Lounge & Mattress Co.

Citations

• 29 Wash. 30
• 69 P. 359
• 1902 Wash. LEXIS 550

Syllabus

<p>INJURIES TO SERVANT-LIABILITY OF MASTER-DEFECTIVE APPLIANCES -QUESTION FOR JURY.</p> <p>Whether or not the master is chargeable with negligence in requiring the servant to operate a ripsaw without the use of a guard or spreader to lessen the danger of flying slivers and pieces of wood is a question for the jury, although the ripsaw may be tbe same as those in ordinary use elsewhere, if experience has shown the advantage of such a protective device as the spreader, leading to its general adoption in other factories, and the master had knowledge of its desirability and had promised to supply it.</p> <p>SAME-PROMISE TO EEPAIE-ASSUMPTION OF RISK.</p> <p>The continuance of a servant in the operation of defective machinery after the promise of the master to remedy it does not amount to an assumption of the risk, if the servant had reason to rely upon the performance of the promise within a reasonable time, and whether he could or not entertain a reasonable expectation thereof would be a question for the jury.</p>