King v. Page Lumber Co.

Citations

• 66 Wash. 123
• 119 P. 180
• 1911 Wash. LEXIS 1024

Syllabus

<p>Trial — Motion for Nonsuit — Province of Court. Upon a motion for a nonsuit, tbe evidence must be construed most favorably to tbe plaintiff.</p> <p>Master and Servant — Negligence—Failure to Instruct — Contributory Negligence — Question for Jury. Tbe master’s, negligence and tbe contributory negligence of tbe plaintiff are for tbe jury, where plaintiff was set to work as a dogger on a saw carriage without any previous experience or instructions, and was injured through erroneously setting a dog and attempting to reset it as the sawyer suddenly started the log through the saw when plaintiff was near the saw.</p> <p>Master and Servant — Fellow Servants — Vice Principal. A sawyer in charge of a saw crew is not a fellow servant of a dogger on the carriage, but a vice principal, as to the nondelegable duties of the master with respect to starting the machinery and giving warning to those in danger of injury therefrom.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $6,900, reduced by the trial judge to $4,500, will not be held excessive, where the plaintiff, a young man twenty years of age, lost all of the first three fingers of his right hand, and tbe fourth finger was injured and rendered useless.</p>