Whitehouse v. Bryant Lumber & Shingle Mill Co.

Citations

• 50 Wash. 563
• 97 P. 751
• 1908 Wash. LEXIS 785

Syllabus

<p>Death — By Wrongful Act — Proximate Cause — Evidence—Sufficiency. There is no sufficient evidence of the proximate cause of the death of plaintiff’s decedent to warrant submitting the case to the jury, and a nonsuit is properly granted, where it appears that the deceased, a sawyer in a mill, was killed while all the other men were on the floor above changing the saws; that while there might be room for an inference that his head came in contact with a nearby unguarded Rosser saw, which was left in motion, there were no witnesses to the accident and no testimony to show in what manner he came in contact with the saw, whether in the line of his duty or performance of his work, or in some of the many ways for which the master would not be liable.</p>