Young v. Aloha Lumber Co.

Citations

• 63 Wash. 600
• 116 P. 4
• 1911 Wash. LEXIS 1252

Syllabus

<p>Master and Servant — Negligence—Guarding Machinery — Contributory Negligence — Evidence—Question por Jury. In an action by an inexperienced man, whose hand was cut while doing his first work on a ripsaw, the negligence of the master and the contributory negligence of the servant is for the jury, and it is error to grant a nonsuit, where it appears that, while the plaintiff was pushing a board through the saw with a stick as directed, the foreman withdrew his attention by suddenly touching him on the shoulder and directing him to work faster, whereupon his hand was cut by the saw in an unexplained manner, there being evidence by an expert that the guard on the saw was only sufficient to protect against spalts or flying pieces, and that it was practicable to guard the saw with an adjustable hood which would have made the accident impossible.</p> <p>Same — Guarding Machinery — Assumption of Risks. An employee does not assume the risks of working on a saw which was not properly guarded, as required by the factory act, from the fact that he was properly instructed.</p> <p>Trial — Motion for Nonsuit — Hearsay—Inferences. Upon motion for a nonsuit, the court must consider all justifiable inferences from the evidence that are favorable to the plaintiff.</p> <p>Master and Servant — Negligence—Cause of Accident. The fact that an injured employee cannot fully explain how an involuntary accident happened does not preclude a recovery.</p> <p>Master and Servant — Negligence—Guarding Machinery — Question of Law. Where the uncontradicted evidence shows that.an accident could not have happened if a saw had been properly guarded, and that a reasonably safe guard would not have interfered with its efficient operation, the master is chargeable with negligence as a matter of law.</p>