Nye v. Patterson
Citations
- 73 Wash. 640
- 132 P. 397
- 1913 Wash. LEXIS 1652
Syllabus
<p>Master and Servant — Injury to Servant — Assumption of Risks —Contributory Negligence — Question for Jury. Whether an off-bearer in a sawmill, whose foot slipped through an opening existing at the bottom of the rollway, allowing it to come in contact with the saw while he was performing his duties in the usual and customary way, assumed the risks or was guilty of contributory negligence, are questions for the jury, where he testified that he did not know of the existence of the opening, that it was concealed by refuse, and that there was nothing to call his attention to it.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,500 for the loss of a great toe of the right foot, is excessive and should be reduced to $1,000, where it appears that the plaintiff, nineteen years of age, employed as offbearer in a mill, was disabled for five weeks and incurred a liability of $150 for treatment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Suits for injunctive relief and restitution enforce the laws of the particular jurisdiction in the public interest by restoring the status quo.”
- “Aid to individuals is not absolutely prohibited under our law but is only improper where public money is used solely for private purposes.”
- “Although we are not conclusively bound by the relevant federal cases, we find their reasoning persuasive.”
- \Suits for injunctive relief and restitution enforce the laws of the particular jurisdiction in the public interest by restoring the status quo.\
- \Aid to individuals is not absolutely prohibited under our law but is only improper where public money is used solely for private purposes.\
- “[t]he recovery of that which has been illegally acquired and which has given rise to the necessity for the injunctive relief not only restores the property to the party but insures future compliance where it is assured a wrongdoer is compelled to restore illegal gains.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Crow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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