Belkin v. Skinner & Eddy Corp.

Citations

• 119 Wash. 80
• 204 P. 1046
• 1922 Wash. LEXIS 736

Syllabus

<p>Master and Servant (98, 110, 161, 163) — Assumption of Risks— Contributory Negligence — Safe Place — Question for Jury. It cannot he said as a matter of law, that a riveter at work on a vessel requiring rapidity and constant attention, was guilty of contributory negligence or assumed the risk, where he fell from a scaffold, which was one plank narrower than customary, and which, at the point in question, was pushed under the deck some five or six inches; but the question is for the jury (Tolman, Mackintosh and Mitchell, JJ., dissent).</p> <p>Same (170)- — Instructions—Assumption of Risks. An instruction that to charge a servant with assumption of risks, it must appear that he knew and appreciated the danger is erroneous in not also charging him with assuming the risk and danger which, in the exercise of reasonable care, he should have known and appreciated.</p> <p>Trial (97) — Instructions—Matters Not Sustained by the Evidence. An instruction on the assumption of risks and the effect of momentary forgetfulness of a danger is prejudicial error where there was no evidence in the case as to momentary forgetfulness of the danger.</p>