Kreymborg v. Thurston

Citations

• 63 Wash. 219
• 115 P. 77
• 1911 Wash. LEXIS 1181

Syllabus

<p>Master and Servant — Contributory Negligence — Question for Jury. The contributory negligence or recklessness of a green hand in a shingle mill is for the jury, where he stepped into a conveyor to tramp down waste, as he had seen his instructor do a few hours before, and was thrown down upon a saw by reason of lugs in the bottom of the conveyor of which he had no notice, under circumstances raising a strong inference that he was expected to attend to the conveyor, although not directed in words to do so.</p> <p>Master and Servant — Trial—Verdict—Special Findings- — Contributory Negligence. In an action for personal injuries, a special verdict finding that plaintiff’s act of stepping into a conveyor near a cut-off saw was very dangerous from the fact that the-cut-off saw was not properly guarded, and that the method employed was safe provided the cut-off saw had been properly guarded, does not show contributory negligence and is not inconsistent with a general verdict for the plaintiff, in the absence of any finding that the danger was known to the plaintiff or so obvious and apparent that a person of ordinary prudence would not have attempted the act.</p> <p>Master and Servant — Factory Act — Effect—Violation—Negligence. The purpose and effect of the factory act requiring reasonably safe guards for all machinery in a mill which it is practicable to guard, is to make it negligence, as a matter of law, to fail to comply with the requirements of the statute.</p>