Leeson v. Saw-Mill Phoenix

Citations

• 41 Wash. 423
• 83 P. 891

Syllabus

<p>Master and Servant — Negligence-Injury to Servant From Defective Lathe — Assumption of Risks — Promise to Repair — Liability of Master. An operator of a turning lathe is, by the master’s ■ promise to repair, relieved from the assumption of risks by reason of a broken socket, where it appears that the superintendent told him to take the socket to the office and it would be repaired, which he did several times', but returned with it and used it unrepaired upon an urgent request of the foreman, upon his promise to repair it as soon as the job was completed, and where the danger was not so imminent that a workman of ordinary prudence would have regarded it so hazardous as to have refused.</p> <p>Damages — For Personal Injuries — Excessive Verdict — Remission. A verdict of $5,500 for personal injuries sustained by an operator of a turning lathe, a married man forty-seven years of age, and capable of earning $3,50 per day, is excessive, and should reduced to $3,500, where the only result of the accident was hernia, and testimony of the experts was to the effect that a great majority of people afflicted with this disorder are able to carry on their regular occupations with the aid of trusses, and that a large per cent of such cases are permanently cured by an operation, and where the plaintiff was otherwise in normal health and testified that he had since the injury done some light work.</p>