John v. Cascade Lumber & Shingle Co.

Citations

• 53 Wash. 193
• 101 P. 833
• 1909 Wash. LEXIS 1294

Syllabus

<p>Master and Servant — Negligence—Safe Place — Assumption of Risks — Contributory Negligence — Question fob Jury. In an action by an offbearer from a band saw, who was injured after placing a slab on the live rolls, by reason of the head bloek of the saw carriage striking the same when it was “gigged back,” the questions as to the negligence of the master in furnishing a safe place, of the sawyer in not observing the position of the slab, and the assumption of risks and contributory negligence of the plaintiff in not truly placing the slab on the rolls, are for the jury, where it appears that the log being sawed was a short one held by the rear and middle blocks, making the operation more dangerous than usual, that the plaintiff was required to perform other duties, and after placing the slab, as he supposed correctly, was injured while attempting to remove a splinter from the saw as the log was rapidly moving back, and where plaintiff had worked in that position but three days.</p> <p>Trial — Instructions—Considered as a Whole. Error cannot be predicated on separate instructions where, considered as a whole, they properly state the law.</p>