Rommen v. Empire Furniture Manufacturing Co.

Citations

• 66 Wash. 48
• 118 P. 924
• 1911 Wash. LEXIS 1010

Syllabus

<p>Master and Servant — Injury to Servant — Operation of Saw— Contributory Negligence — Evidence—Sufficiency. The operator of a ripsaw is not guilty of contributory negligence, as a matter of law, in attempting to remove a board after a pinch had stopped the saw, without first turning off the power at a switch eight feet away, or without calling some one to his assistance, where it appears that there was great danger in leaving the board in the saw to reach the switch, and where he firmly held the board and it would not be anticipated that the board firmly held would rebound upon the friction being removed in the manner that it did.</p> <p>Master and Servant — Guabding Dangerous Machinery — Question for Jury. Upon a conflict of the evidence, it is for the jury to determine whether a combination ripsaw could be effectively guarded under the factory act.</p> <p>Witnesses — Cross-Examination— Discretion — Appeal — Exceptions. Error cannot be predicated upon allowing cross-examination of a party’s own witness who was clearly hostile, nor where no exception was taken, the same being within the discretion of the trial court.</p> <p>Appeal — Review—Harmless Error — Instructions—Master and Servant — Factory Act — Evidence. It is not prejudicial error to refuse to give an instruction as to the prima facie effect of a certificate of the state labor commissioner on the inspection of machinery to he guarded, under the factory act, to which, the party was entitled, where by other instructions an equal burden was put on the party, the jury being told that the burden was upon the plaintiff to establish one or more of his allegations of negligence, that negligence was never presumed, and must be proven by the fair preponderance of the evidence, and the court read the first section of the factory act and otherwise fully covered the law of the case.</p> <p>Damages — Personal Injuries — Excessive Verdict — Injury to Hand. A verdict for $1,500 for the loss of a little finger, disfigure