Vosberg v. Michigan Lumber Co.

Citations

• 45 Wash. 670
• 89 P. 168
• 1907 Wash. LEXIS 538

Syllabus

<p>Master and Servant — Guarding Machinery — Factory Act— Question for Jury. The questions whether an accident could have been anticipated, and whether means provided for stopping an edger were a sufficient guard for exposed cogwheels, under the factory act, are for the jury, where it appears that the machine could not be oiled with safety without stopping it, and that the plaintiff stopped it for that purpose and was injured while leaning over exposed cogwheels in oiling it, through the starting of the machine, since such unexpected starting of machines connected to power by gearing is not uncommon.</p> <p>Same — Factory Act — Certificate of Inspection — Evidence. The certificate issued by the commissioner of labor upon the inspection of a factory is only prima facie evidence that dangerous machinery therein has been guarded in compliance with the factory act.</p>