Gustafson v. A. J. West Lumber Co.

Citations

• 51 Wash. 25
• 97 P. 1094
• 1908 Wash. LEXIS 957

Syllabus

<p>Master and Servant — Negligence — Evidence — Changes After Accident — Admissibility. In an action for injuries sustained by an employee in an alleged passageway, in wbicb the defendant denied that the place was a passageway, evidence is admissible of a change widening the place after the accident, where the sole object thereof was to show that the place was intended to be used as a passageway.</p> <p>Same — Guarding Machinery — Evidence — Opinion of Expert. Upon an issue as to whether a saw was guarded under the factory act, an expert may give his opinion by testifying that simply looking at the saw would suggest the kind of a guard proposed by him.</p> <p>Same — Guarding Machinery — Negligence—Contributory Negligence — Assumption of Risks — Questions for Jury. Where an employee stumbled in a narrow passageway and fell onto a saw, the questions of his contributory negligence and assumption of risks, and of the master’s negligence in failing to guard the saw under the factory act, are for the jury, where it appears that it was customary to use the place as a passageway, and there was specific evidence that the saw was not properly guarded and might have been; assumption of risks being no defense under the statutory duty to guard the- saw.</p> <p>Appeal — Review—Exceptions. One general exception to each and every instruction, is not sufficient to assign error upon a given instruction.</p>