Schneider v. South Tacoma Mill Co.

Citations

• 65 Wash. 590
• 118 P. 750
• 1911 Wash. LEXIS 979

Syllabus

<p>Master and Servant — Assumption of Risks — Apparent Dangers —Question for Jury. Whether the owner of a mill owed the duty to warn a log scaler of the dangers of his position and the liability of crooked logs to slew on the log deck, so that he did not assume the risks, is for the jury, where he testified that he did not know of the dangers, although other witnesses testified that the dangers were apparent and the slewing of logs a common occurrence, and the scaler had worked there nearly three months.</p> <p>Same — Contributory Negligence — Question for Jury. Whether it was contributory negligence for a log scaler to take a position near the scale pad while a crooked log was being rolled on the saw carriage is for the jury, where the place was unsafe only on extraordinary occasions and he testified that he did not' know of the dangers.</p> <p>Same — Fellow Servants — Operation of Machinery — Warning. It is a nondelegable duty of the master to give warning of the 'rolling of a crooked log on the saw carriage whereby the log scaler was struck by the slewing of the log, and the question of fellow servants’ negligence does not arise.</p> <p>Master and Servant — Negligence-—Failure to Warn — Instructions. It is proper to refuse to instruct that the master owes no duty to warn a servant of dangers where he is mature and intelligent and the master has no notice or reason to believe that he is not fully competent and acquainted with the dangers; since it is his duty to warn him of hidden dangers unless he can show that the servant had knowledge thereof.</p> <p>Damages ■ — • Personal Injuries •— Extent — Question for Jury. Upon a dispute between surgeons as to the proper treatment to avoid permanent injury, the question is for the jury.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $3,500, reduced by the trial court to $2,500, for the breaking of a leg, will not be held excessive on appeal, where the plaintiff did not regain a proper use of the leg