Dukette v. Northwestern Woodenware Co.

Citations

• 61 Wash. 95
• 111 P. 1065
• 1910 Wash. LEXIS 1290

Syllabus

<p>Master and Servant — Assumption of Risks — Pleading—Factory Act. In an action for personal injuries under the factory act, an answer pleading assumption of risks is properly struck out, where the special circumstances relied on as an exception to the rule that assumption of risks is no defense, were not pleaded in the answer, nor disclosed by the complaint.</p> <p>Same — Assumption of Risks — Factory Act — Exceptions—Question for Jury. Special facts making an exception to the rule that assumption of the risks is no defense to an action for personal injuries, brought out only in the evidence, and resolved by the jury against the appellant on conflicting testimony, furnish no ground for reversal.</p> <p>Master and Servant — Contributory Negligence — Question for Jury. The question of contributory negligence of a rip sawyer in adopting an unsafe method of removing waste from a chute, by putting an arm down through the top of the table near the saw, is for the jury, where there was a dispute as to whether an iron rod had been provided for that purpose, and whether such rod could be used advantageously.</p> <p>Master and Servant — Safe Tools — Guarding Machinery — Negligence — Question for Jury. The negligence of the owner of a ripsaw in failing to guard the lower end of the saw under the table is for the jury, where there was a dispute as to whether it was practical to do so, and whether a sawyer in the discharge of his ordinary duties in cleaning out the chute in the ordinary way was liable to come in contact with it.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $3,934, reduced to $3,000 by the trial court, is not excessive, where the plaintiff sustained a serious injury to his arm whereby he suffered much pain, spent $150 for doctor’s fees, and was unable to follow his vocation for about fifteen months, and his earning power was three dollars a day.</p>