Lewis v. Simpson

Citations

• 3 Wash. 641
• 29 P. 207
• 1892 Wash. LEXIS 135

Syllabus

<p>MASTER AND SERVANT — INJURY TO EMPLOYE — CONTRIBUTORY NEGLIGENCE.</p> <p>In an action for damages for personal injuries the proof showed that plaintiff had been employed in a sawmill for more than a year, engaged in taking away lumber from the pony saw; that for the purpose of removing sawdust he went below to adjust a belt upon an elevator used for that purpose; that in order to place the belt on the elevator pulley it was necessary to get on the opposite side of the shaft which operated the belt, and then he must return to put it upon the pulley of the shaft; that the shaft was about two feet above the lower floor and plaintiff crawled under it in performing this service, as was his usual practice, and after placing the belt on the elevator pulley, he sought to return by walking on a beam which supported one end of the shaft; that the shaft was revolving rapidly at the time, and there was a set screw at that end projecting about an inch beyond the collar; that the shaft, with collar and screw, was less than a foot high above the beam, and did not extend along the beam more than a foot; that in stepping across the shaft, plaintiff’s overalls caught in the screw and one of his legs was broken. Held, That plaintiff was guilty of contributory negligence, and his action was properly non-suited.</p>