Waight v. Lake Washington Mill Co.

Citations

• 48 Wash. 402
• 93 P. 1069
• 1908 Wash. LEXIS 881

Syllabus

<p>Appeal — Review—Harmless Error — Rulings on Pleadings. Err- or, if any, in striking affirmative matter in a reply on the ground that it should have been set out in the complaint, is immaterial where the plaintiff was allowed to prove the facts alleged in the reply.</p> <p>Master and Servant — Negligence' — Promise to Repair — Materiality — Issues and Proof. In an action for damages hy the operator of a ripsaw, who was struck and knocked down hy a belt, which broke on his use of the idler, a promise to repair the belt, made on the complaint that the belt was likely to start the machinery without the use of the idler and thereby cut the operator’s hand, is immaterial and does not support plaintiff’s cause of action.</p> <p>Same — Cause of Accident — Issues and Proof. Conceding that the operator of a ripsaw was struck down by a belt which broke and caused the injury, a nonsuit is properly granted where the only allegations of negligence were that the machinery was out of plumb and the belt was too short, and there was no definite proof to sustain either of such allegations, or to show any cause for the breaking of the belt.</p>