Whelan v. Washington Lumber Co.

Citations

• 41 Wash. 153
• 83 P. 98
• 1905 Wash. LEXIS 1084

Syllabus

<p>Master and Servant — Negligence—Factory Act — Assumption of Risk. Under Laws 1908, p. 40, requiring factory and mill owners to use proper belt shifters, failing to do so is negligence per se, and Where this is not done, an employee assisting in removing a belt does not assume the risk of injury therefrom.</p> <p>Same — Belt Shifters — When Necessary. The factory act requiring the use of “proper belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys,” was not intended to require shifters only in proper or necessary places, but requires “sufficient” belt shifters in all cases; and it could rarely if ever be left to the jury to say whether any belt shifter or other device was necessary in a given case.</p> <p>Same — Submission of Question to Jury. Where there is conflicting evidence upon an issue as to whether shifting devices for the throwing on or off of belts could have been effectively maintained, and the jury find the issue in favor of the plaintiff, under instructions submitting such issue, the defendant cannot claim that the plaintiff assumed the risk from the fact that the shifters were unnecessary and the factory act not violated.</p> <p>Damages — When Not Excessive. A verdict for $6,000 for personal injuries to th- ankle joint, resulting in the extraction of pieces of bone, a large hole which was a discharging sore up to the time of the trial, and a stiff joint or permanent anchylosis, is not excessive.</p>