Shea v. Seattle Lumber Co.

Citations

• 47 Wash. 70
• 91 P. 623
• 1907 Wash. LEXIS 712

Syllabus

<p>Master and Servant—Injuries—Defective Appliances—Promise to Repair—Contributory Negligence—Evidence—Questions for Jury. In an action by an employee for personal injuries sustained while cleaning a chute beneath an edger, with a defective appliance (a long stick), after complaint made and under a promise to provide a suitable appliance, the questions whether the plaintiff continued his work for an unreasonable time after the promise to repair, and whether he was guilty of contributory negligence, are for the jury, where it appears that the injury occurred within two days after the promise was given, and plaintiff had continued work relying upon the promise; - that the stick'used was provided for that purpose, plaintiff had seen others using it, and there was no evidence that a larger stick was available, and plaintiff testified that he used it with the utmost care; and that the plaintiff had no control over the machinery and it was not customary to stop the machinery while cleaning out the chute.</p> <p>Damages—-Injuries—Excessiveness. A verdict for $8,000 for the loss of the left arm, by a man 27 years of age, is not excessive.</p>