Ward v. National Lumber & Box Co.

Citations

• 54 Wash. 304
• 103 P. 1
• 1909 Wash. LEXIS 991

Syllabus

<p>Master and Servant — Guarding Machinery — Factory Act — Statutes — Construction—Ejusdem Generis. The factory act, Laws 1903, page 40, requiring the safeguarding of certain specified machines of various kinds, “and machinery of other or similar description” in factories, will not be confined to the subjects mentioned on the theory of ejusdem generis, but includes friction wheels not named, since the rule has no application where the specified subjects greatly differ from one another and where such construction would violate the evident intent of the legislature.</p> <p>Master and Servant — Contributory Negbigence — Question por Jury. An oiler is not guilty of contributory negligence, as a matter of law, in attempting to take bold of a grease cup with, his left hand instead of his right, where it would have been inconvenient to do so, and it does not appear to have been any safer to use his right hand.</p> <p>Same — Assumption or Risks — Obvious Dangers. Knowledge that a grease cup was apparently too dangerous to be used, as conceived and constructed by the master, is not to be imputed to an oiler, where he had used it for three weeks without injury.</p> <p>Master and Servant — Assumption op Risks — Notice op Danger to Master. It is not incumbent upon an oiler to report to the master as to the dangerous condition of machinery due to the original construction and arrangement, and not to want of repairs.</p>