Olmstead v. Hastings Shingle Manufacturing Co.

Citations

• 48 Wash. 657
• 94 P. 474
• 1908 Wash. LEXIS 937

Syllabus

<p>Master and Servant — Negligence—Cause oe Injury — Evidence —Sufficiency. In an action for tbe death of an operator of a shingle saw, a verdict for the plaintiff cannot be sustained, and should have been directed for the defendant, where it appears from the evidence that no one saw the accident, that the deceased had evidently fallen on the saw, where his body was found badly cut, and his fall upon the saw might have happened in a number of ways, and there was no substantial basis for the theory that the accident was due to the negligence of the defendant; since the jury would have to guess as to the cause.</p>