Mercereau v. Maughlin Mill Co.

Citations

• 53 Wash. 475
• 102 P. 232
• 1909 Wash. LEXIS 1348

Syllabus

<p>Master and Servant — Negligence oe Master — Signals—Contributory Negligence- — Question fob Jury. The negligence of a mill company in starting up the mill without giving the customary signal, and the contributory negligence of the operator of a ripsaw, a boy seventeen years of age, in not throwing the saw out of gear by means of an idler, are questions for the jury, where it appears that a signal was given to stop the mill, and upon its stopping completely, the plaintiff undertook to remove a stick lodged in the conveyor, and that the mill suddenly started up whereby plaintiff’s hand was cut and mangled, and that it was customary to give two blasts of the whistle before starting up the machinery.</p> <p>Same — Duties of Servant — Evidence—Sufficiency. In an action for injuries sustained by an employee while cleaning out a conveyor from a ripsaw, there is sufficient evidence that he was engaged in the line of his duties, and that there was necessity to remove a lodged stick, where it appears that he had been told to keep the conveyor clean and the inference from the testimony was that he had received these instructions from the foreman.</p> <p>Jury — Impaneling-—Drawing by Clerk. Where, in drawing a jury, the usual practice is followed, the ballots are taken from the box by chance, and an impartial jury results, error cannot be predicated on the manner in which the clerk- conducted the drawing when selecting the jury, the statute not being clear as to the exact method of drawing.</p>