Imhoof v. Northwestern Lumber Co.

Citations

• 43 Wash. 387
• 86 P. 650
• 1906 Wash. LEXIS 712

Syllabus

<p>Appeal — Review—Harmless Error — Amendments. Where in his opening statement, counsel stated that he intended to prove certain facts, error cannot be predicated upon a ruling that the same would be improper under the pleadings, where no leave was asked to amend the complaint so as to make such evidence admissible.</p> <p>Master and Servant — Negligence—Pleading—Issues and Proof. In an action for personal injuries sustained by an employee in a sawmill, an allegation of unevenness in a transfer platform, by reason of skids for cants to fall on and conveyor chains to run on, does not admit of evidence of negligent construction thereof, where no negligent construction was alleged and no request was made to amend when the objection was pointed out at the beginning of the trial.</p> <p>Same — Safe Place — Assumption of Risks — Obvious Dangers. An offbearer from a transfer deck in a sawmill, which was safe for cants of the length ordinarily used, cannot recover because it was rendered unsafe by sending to it a cant which was shorter than usual, where such short cant was in plain view, and the danger obvious before the machine was put in motion, and he was signalled to get away in time; since the master is not hound to furnish any particular make of machine for the handling of short cants, and the servant assumed the risk.</p> <p>Same — Contributory Negligence. In such a case, the servant is guilty of contributory negligence in going to the machine in an attempt to remedy the difficulty, notwithstanding his duty to keep out of the way of cants, and a signal requiring him to do so.</p>