Towle v. Stimson Mill Co.

Citations

• 33 Wash. 305
• 74 P. 471
• 1903 Wash. LEXIS 523

Syllabus

<p>Master and Servant—Negligence—Defect Causing the Machine to Start Automatically—Evidence—Sufficiency—Question for Jury. In an action for personal injuries to a sawyer sustained by reason of the automatically starting of a ten-block shingle machine, a verdict for the plaintiff should not be disturbed where there was evidence that the defendant knew that the machine had started up automatically, due to defects in the clutch which were out of sight and not known to plaintiff, that such a machine was unsafe, and that the defect could be remedied by a spring not made or sent out with such machines, that the machine was repaired five days before the accident, there being conflict in the testimony as to whether it was properly r'epaired and as to every material point, although such machines were in common use without the spring in the clutch.</p> <p>Same—Proof of Negligence—Verdict—Conclusiveness. While negligence must be shown affirmatively, it may be deduced as an inference from other .facts proven, and the courts will not interfere with a verdict where there is substantial conflict in the testimony.</p> <p>Same—Negligence—Instructions. Certain instructions on the subject of negligence held properly refused or sufficiently covered in the general charge.</p> <p>Same—Evidence of Prior Defects and Repairs. In an action for personal injuries to a servant, evidence of defects in a machine prior to the making of certain repairs, is admissible where the sufficiency of such repairs was one of the main issues in the ease.</p>