Mathis v. Western Furniture Manufacturing Co.

Citations

• 72 Wash. 206
• 130 P. 94
• 1913 Wash. LEXIS 1434

Syllabus

<p>Evidence — Demand of Copy op Writing Pleaded — Master and Servant — Notice Under Factory Act — Proof. Rem. & Bal. Code, § 284, providing that it shall not be necessary to plead a copy of an instrument of writing or the items of an account alleged but precluding evidence thereof if the copy be not furnished upon demand, has no application to a copy of the notice of the time, place, and injury required by the factory act to be given to an employer upon an injury to a servant on unguarded machinery, which is merely a condition precedent to action, and not the basis of the liability.</p> <p>Master and Servant — Injury to Servant — Unguarded Saw — Contributory Negligence — Proximate Cause. Contributory negligence is not the proximate cause of an injury sustained on a saw which was not guarded as required by the factory act, where the plaintiff was operating the saw in the usual manner and would not have been injured if it had been properly guarded.</p> <p>Damages — Personal Injuries — Excessive Verdict. Damages in the sum of $3,250, for a painful cut of a thumb, lacerating the flesh, injuring the bone and resulting in a stiff thumb and partial loss of use, are excessive and should be reduced to $1,000.</p>