Hall v. West & Slade Mill Co.

Citations

• 39 Wash. 447
• 81 P. 915
• 1905 Wash. LEXIS 885

Syllabus

<p>Master and Servant — Negligence — Violation of Statutory Duty—Guarding Machinery—Assumption of Risk. Tbe defense of assumption of risk is not available to a master where tbe servant is injured by reason of tbe master’s failing to comply with tbe factory act, Laws 1903, p. 40, requiring operators of mills to place safeguards over cogs, gearings, and shaftings that can be properly safeguarded (Root, Rudkin and Crow, JJ., dissenting).</p> <p>Same — Contributory Negligence — Servant Momentarily Forgetting Unguarded Set Screw. A mill band whose duty required him to constantly work about a shafting and who had knowledge of an unguarded set screw therein, is not guilty of contributory negligence in coming in contact with such set screw, in a moment of forgetfulness while lifting a heavy timber, where he did not assume the risk of injury therefrom, by reason of the fact that the master had failed to comply with the factory act requiring such shafting to be guarded.</p>