McAllister v. Seattle Brewing & Malting Co.

Citations

• 44 Wash. 179
• 87 P. 68
• 1906 Wash. LEXIS 808

Syllabus

<p>New Trial — Extending Time for Application — Power of Court— Effect of Statute. The statute requiring a judgment to be entered immediately upon return of the verdict, does not change the rule, under the former statute, whereby the court had power to extend the time for moving for a new trial after the time therefor had expired.</p> <p>Negligence — Exposed Machinery — Injury to Trespassing Children. The owner of premises is liable for injuries to trespassing-children, sustained by reason of dangerous machinery left unguarded in exposed places near a highway where children are likely to be attracted thereto and injured.</p> <p>Same — Evidence—Sufficiency—Question for Jury. The liability of the owner of premises to a trespassing child nine years of age, is for the jury where a pulley or sheave wheel, used to move cars on a spur track with a wire cable and donkey engine, was left exposed and unguarded on defendant’s premises (which had been a public street) within twenty-five feet of paths commonly used by the public, and where the child was attracted by the moving cable, and injured by placing his foot on the. slowly moving cable, which suddenly started up rapidly, drawing his foot against the pulley.</p>