Wainwright v. United States Lumber Co.

Citations

• 73 Wash. 222
• 131 P. 820
• 1913 Wash. LEXIS 2163

Syllabus

<p>Master and Servant — Injuries to Servant — Negligence — Evidence — Sufficiency. There is sufficient evidence of negligence to sustain a recovery by an of£-bearer at a cut-off saw, injured when rolls conveying a timber reversed automatically whereby he was struck by the timber and brought in contact with the saw, where it appears that the rolls were out of repair and frequently reversed automatically, when if properly constructed they would not have done so, and that the cut-off saw should have had a stop upon it to prevent its swinging out where it could come in contact with an employee.</p> <p>Trial — Instructions—Pertinency. Instructions excepted to on the ground that there was no evidence on the subject-matter to which they relate, will be sustained where their pertinency depends upon the view taken of the evidence, and as construed by the court, there was evidence upon the. subject of each instruction complained of.</p> <p>Trial — Instructions—Requests. It is not error to refuse to give instructions in the language requested when they are sufficiently covered in the general charge.</p>