Nolan v. Stillwater Lumber Co.

Citations

• 65 Wash. 445
• 118 P. 340
• 1911 Wash. LEXIS 946

Syllabus

<p>Master and Servant — Negligence—Guarding Machinery — Question for Jury. Where plaintiff testified, that he slipped and fell and his clothes, glove, or hand caught on an unguarded belt or pulley near which he was required to work, and it appeared that it was practicable to have guarded the belt, whether the failure to guard the belt was the proximate cause of the injury was a question for the jury.</p> <p>Trial — Instructions—Assuming Pacts — Comment on Evidence. It is not an unlawful comment on the facts to instruct as to defendant’s liability assuming a certain fact, where, by the previous instruction, such fact was properly submitted to the jury.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $7,500, reduced by the trial court to $4,750, for the breaking of an arm, left in bad condition, is not excessive.</p>