Noren v. Larson Lumber Co.

Citations

• 46 Wash. 241
• 89 P. 563
• 1907 Wash. LEXIS 598

Syllabus

<p>Master and Servant’ — Injuries—Guarding Dangerous Machinery — Factory Act — Evidence—Question for Jury. Whether gearing for rollers bearing off lumber from a saw were sufficiently guarded under the factory act is properly for the jury, where, from some of the defendant’s own testimony, it appeared that while the guard, which covered only the upper half of the gearing, was in common use, it was not primarily a safety guard but rather one against the accumulation of waste clogging the gears, and that it was no protection against the lower portion of the gearing, a few inches from the floor, along which the plaintiff was compelled to work.</p> <p>Same — Assumption of Risk- — Instructions. In an action by an employee for injuries sustained through the master’s failure to comply with the factory act requiring the guarding of machinery, instructions to the effect that the employee assumed the risks, if the same were equally as evident to the servant as to the master and the master had made a iona fide attempt to comply with the factory act, are properly refused.</p> <p>Same. In such an action, an instruction that failure to provide a guard that would have prevented the injury is not of itself proof of failure to comply with the law, if the master had guarded against accidents that could reasonably be anticipated, is as favorable to the defendant as can be asked (Root and Crow, JJ., dissenting).</p>