Sorenson v. Danaher Lumber Co.

Citations

• 71 Wash. 38
• 127 P. 586
• 1912 Wash. LEXIS 686

Syllabus

<p>Continuance — Absence oe Witnesses — Discretion. It is not an abuse of discretion to deny a continuance on account of the absence of a witness, defendant’s general manager, needed in the preparation of the defense, where it is admitted by the plaintiff that the witness if present would testify as it was claimed he would, and another witness testified in substance to the same effect, and was better able to give assistance in preparation than the manager.</p> <p>Master and Servant — Sake Place — Guarding Dangerous Machinery — Factory Act — Instructions. In an action for personal injuries to an oiler, caught by a conveyor chain which was unguarded at a point where he was compelled to stoop and cross under it, the court is not called upon to give instructions upon the theory that the defendants had made an honest effort to guard the chain under the factory act, where there was no pretense that it was guarded at this point; and it is sufficient if the jury was instructed that the plaintiff cannot recover if the conveyor chain was reasonably safeguarded.</p>