7 Wash. 403 | Wash. | 1893
The opinion of the court was delivered by
This is an action brought by respondent to recover for personal injuries received by him in appellant’s sawmill, while employed as a sawyer in said mill. The saw was what is called a ‘ ‘ trimmer, ’ ’ and was set in a springing frame attached to the rafters of the mill. It was drawn forward by the operator, and after it had
■ We think this case falls squarely within the rule laid down by this court in Week v. Freemont Mill Co., 3 Wash. 629 (29 Pac. Rep. 215). In that case, it is true, the plaintiff testified that he knew that the rope was old, and that it looked worn and black, which is not the testimony in the case at bar; but in this case plaintiff’s own testimony is, that he did not look at all; that he never examined the rope to see whether it was dangerous or safe. It is true, there is some conflict in the testimony as to whether the rope broke in front of or back of the pulley, but it clearly appears that the rope could have been examined in every part by the slightest effort, and any danger discovered and averted.
The plaintiff was employed to operate this saw. In accepting this employment he accepted the apparent risks incident to the employment, and the wearing out of a rope subjected to the strain to which this rope was subjected, and the extent of which was known to plaintiff, was certainly something which was apparent to the most common understanding. It was in no sense a complicated piece of machinery, with hidden defects, but it was an open attachment to the saw, working on the plainest principles of the attraction of gravitation, which the plaintiff, if he had sufficient knowledge to operate the saw at all, and he assumed that knowledge when he accepted the employment, could fully understand. He evidently did understand it, but was negligently heedless.
Plaintiff was injured on the 13th day of February, 1891.
The j udgment will, therefore, be reversed, and the cause remanded with instructions to dismiss the action.
Anders, Stiles, Hoyt and Soott, JJ., concur.