Stewart v. Bowen

Citations

• 70 Wash. 195
• 126 P. 414
• 1912 Wash. LEXIS 1029

Syllabus

<p>Master and Servant — Injury to Servant — Safe Place — Unguarded Machinery — Evidence—Sufficiency. In an action for injuries sustained by a night watchman in a mill, who was injured while reaching under an edger to clear out the sawdust, there was sufficient evidence of defendant’s negligence, where it appears that the mill was insufficiently lighted, that the saws of the edger were left running when the machine was not in use, contrary to custom, and no warning thereof given to the plaintiff, who could not see that they were running or hear them, and that the saws were without guards underneath the table when they might have been easily and effectively guarded.</p> <p>Same — Contributory Negligence — Evidence —Sufficiency. In such case, the employee was not guilty of contributory negligence, as a matter of law, in not procuring a lantern before attempting to clear out the sawdust, or in using his hand instead of a scraper or shovel, where he did not know that the edger was in operation, the only light available was in use in another part of the mill, and the sawdust was so closely packed that he could not use the scraper with effect.</p> <p>New Trial — Cumulative Evidence — Diligence. A new trial should not be granted for newly discovered evidence that was merely cumulative or impeaching and no excuse was offered for not producing the witnesses at the first trial.</p>