Dukette v. Northwestern Woodenware Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Shackleford, J., entered February 25, 1910, upon the verdict of a jury rendered in favor of the plaintiff for personal injuries sustained by an employee in a factory.
1Opinion of the CourtMorris, J.
Respondent brought this action under the factory act, to recover for injuries sustained by coming in contact with an unguarded ripsaw. Judgment was awarded him upon verdict, and defendant appeals.
The errors assigned are;. sustaining a demurrer to an affirmative defense, denial of nonsuit and judgment, refusal to give requested instructions, error in those given, and that the verdict was excessive. The complaint clearly stated a cause of action under the factory act. The affirmative defense, to which a demurrer was sustained, pleaded assumption of risk. It has been the rule in this state,…
2Cases cited5 opinions
- Hall v. West & Slade Mill Co.Washington Supreme Court · 1905
- Thomson v. Issaquaii Shingle Co.Washington Supreme Court · 1906
- Rector v. Bryant Lumber & Shingle Mill Co.Washington Supreme Court · 1906
- Laidley v. Wm. Musser Lumber & Manufacturing Co.Washington Supreme Court · 1907
- Gustafson v. A. J. West Lumber Co.Washington Supreme Court · 1908