Willlams v. Ballard Lumber Co.

Citations

• 41 Wash. 338

Syllabus

<p>Master and Servant — Negligence—Injury to Employee Caught in Cogwheels — Contributory Negligence — When Question por Jury. A planer-man who is in a kneeling position with head and shoulders under a planer, a large and dangerous machine, is not guilty of contributory negligence, as a matter of law. in suddenly throwing his hand into unguarded cogs, known to him, in an effort to get from, under the machine, in momentary forgetfulness of the danger, when a fellow servant starts the machine in motion without giving.him any warning.</p> <p>Master and Servant — Contributory Negligence. Contributory negligence is a question for the jury if men might properly differ as to whether the plaintiff had acted as a man of ordinary prudence would have done under the same circumstances.</p> <p>Same — Proximate Cause — Exposed Condition op Cogwheels a Contributing Element — Liability op Master. The maintenance of a planer with exposed cogs which could have been easily covered, and with defects whereby the cogs were likely to start automatically upon application of the idler, is the proximate canse of an injury to a planer-man who was injured thereby, while cleaning out under the machine, although the negligence of a fellow servant, who started the machine without giving any warning, contributed to the result; and such contributory cause does not relieve the defendant from liability.</p> <p>Same — Assumption op Risks — Unknown Dangers — Defects in Machine Causing Unexpected Starting — Question por Jury. A planer-man who has worked upon a planer hut five days and has no knowledge of a defect whereby the cogs may start automatically upon the application of the idler, does not assume the risk from injury resulting from the known unguarded condition of the cogs, where there was ample time for him to have avoided the injury if the cogs had not automatically started.</p>