Anderson v. Globe Navigation Co.

Citations

• 57 Wash. 502
• 107 P. 376
• 1910 Wash. LEXIS 785

Syllabus

<p>Master and Servant — Contributory Negligence — Warning—Reliance Upon — Question for Jury. The question of the contributory negligence of a longshoreman, engaged in the loading of a lumber schooner, in not taking a signal to hoist as a warning of the approach of a sling load, is for the jury, where it was customary for the hatch tender and his duty to give a direct warning to the longshoremen and for them to work rapidly in reliance thereon.</p> <p>Same — Assumption of Risks — Failing to Warn. A longshoreman engaged in loading a lumber schooner does not assume the risks of negligence of the mate in failing to give warning of the approach of a sling load, where the mate supervised the work and tended hatch, and the workmen had to rely upon his giving the signals.</p> <p>Appeal' — Review—Evidence—Harmless Error. Error cannot be predicated upon an improper statement of a witness, struck out on motion of the appellant, where no prejudice appears.</p> <p>Master and Servant — Contributory Negligence — Evidence of Custom — Admissibility. Evidence that it was customary for all the longshoremen engaged in loading a lumber schooner to rely on the signal of the mate to warn them of the approach of the loaded sling is admissible upon the issue of plaintiff’s exercise of due care in relying upon such warning being given.</p> <p>Principal and Agent — Relation—Evidence—Sufficiency—Master and Servant — Independent Lessee. Evidence that a foreign corporation, the owner of a vessel, directed its operation, took the freights earned and paid the expenses of operation, makes a question for the jury upon an issue as to whether a local corporation in charge was an independent lessee, because so styled in a lease, or merely the agent of the owner and the lease a mere makeshift to avoid liability for personal injuries.</p> <p>Witnesses — Impeachment—Remoteness—Principal and Agent— Evidence. Upon an issue as to whether the nominal lessee of a vessel operated it as an independent lessee or