Maloney v. Stetson & Post Mill Co.

Citations

• 46 Wash. 645
• 90 P. 1046
• 1907 Wash. LEXIS 680

Syllabus

<p>Continuance — Absence of Witness — Sufficiency of Affidavit. It is not an abuse of discretion to deny a continuance asked for on the ground of the absence of a witness when the affidavits did not show that the same evidence could not be procured from other witnesses.</p> <p>Master and Servant — Injury to Servant — Safe Place — Putting Dangerous Machinery in Motion — Warning. The master is liable to a servant, a hooktender, who is ordered by a sawyer, in charge of the crew and machinery, into a dangerous place between two logs, and is injured by the negligence of the sawyer in putting the machinery in motion so as to cause the two logs to roll together and catch the plaintiff without giving him time to escape from his dangerous position; since it was the duty of the master to keep the place safe or give warning of the operation of the machinery in time to permit the plaintiff to escape from the danger therefrom; and negligence of the sawyer in this respect is negligence of the master.</p> <p>Damages — Excessive Damages — Personal Injuries. A verdict for $4,000 for the crushing of a leg, resulting in a compound fracture of the tibia, a simple fracture of the fibula, and a present shortening of the leg, reduced by the trial court to $3,000, is not excessive, although the injuries may not be permanent.</p>