Barach v. Carlson

Citations

• 70 Wash. 124
• 126 P. 94
• 1912 Wash. LEXIS 1013

Syllabus

<p>Master and Servant — Assumption of Risks — Safe Place — Negligence — Evidence—Sufficiency. A pitman in a steam shovel crew does not assume the risk of danger from rock falling down the slope, when the steam shovel was idle, if he was in a position where he could not see the danger, even though warned of danger by one fellow servant who was contradicted by another co-servant who sometimes directed the work, where there was evidence that the rock did not fall from the place where the work was being done, but from the side of the cut where the wall was completed from which rocks were not accustomed to fall; since the master is liable if he carelessly allowed the place to become unsafe without notice to the servant.</p> <p>Appeal — Review—Harmless Error. Error cannot be assigned in refusing to instruct that mortality tables are of little weight as evidence of life expectancy when the health of the deceased was not shown, where no question was made as to the amount of the verdict, but only to the right of recovery.</p>