45 Wash. 239 | Wash. | 1907
This is an action brought by the appellant against the respondent to recover damages for personal injuries sustained by appellant while in the employ of the respondent. At the close of the introduction of testimony by the appellant, the respondent challenged the sufficiency of the evidence, and moved the court to render judgment in favor of the respondent on the ground that the appellant had not shown any negligence upon the part of respondent, but had shown that the appellant was guilty of contributory negligence, which motion the court granted on the ground that the appellant was guilty of contributory negligence. Appellant contends that the lower court erred, first, in granting respondent’s motion challenging the sufficiency of the evidence; second, in overruling appellant’s motion for a new trial; third,
For the purpose of discussing these questions, the court must consider all the facts in the case as favorable to the appellant as the evidence introduced at the trial will reasonably permit of; that is, the jury being judges of the evidence in the case, the court, in determining these questions, must consider that the jury would find the facts in the case as favorable to the appellant as the evidence would reasonably justify if the case had been submitted to them. This being true, appellant contends that the evidence justifies the following statement of facts, to wit: That the respondent is a corporation organized and existing under the laws of the state of Washington,, and during the times mentioned in appellant’s complaint, was running and operating a saw and planing mill in the city of Spokane; that the respondent had in use and in operation in said mill during said time a certain circular ripsaw, which was run and operated at a high rate of speed by means of revolving belts and shafting propelled by steam; that said ripsaw consisted of a large table, the top of which was about four feet wide, five feet long and one and one-eighth inches thick; that the top was supported by four legs, which were held together by cross-pieces, each of the legs about five and one-half or six inches square; that the table was about three feet high, the saw about twelve inches in diameter, fastened to a revolving arbor or axle which worked on bearings attached to the table underneath the top thereof in such a manner that the saw operated and revolved in a narrow opening in and through the top of the table, a distance of seven or eight inches from the end of the table; that two or three inches of the saw was above the top of the table and the balance of the saw, or eight or nine inches, below the top of the table; that at the end of the table where the saw was in operation, and underneath the saw and top of the table, was a
There was evidence tending to establish the facts substantially as hereinbefore set forth.
The question presented is as to the action of appellant in placing his hand and arm into the chute and pulling at a fastened stick while he knew the saw was in motion, and when a sudden “giving away” of the stick would naturally and almost necessarily precipitate his arm against the saw. As the appellant was an experienced mill operative, in possession of
Mount, C. J., Dunbar, Hadley, and Fullerton, J.J,, concur.
Crow and Rudkin,. JJ., took no part.