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· 12/8/1916

Bogitch v. Potlatch Lumber Co.

Citations

  • 93 Wash. 585
  • 161 P. 487
  • 1916 Wash. LEXIS 1251

Syllabus

<p>Master and Servant — Injury to Servant — What Law Governs. Where an accident occurred in Idaho, the rule of the supreme court of that state that the failure of a hook tender in charge of a logging crew to give warning of the “go ahead” signal, was the act of a fellow servant and not a vice principal, for which the master would not be liable if he had employed competent fellow servants, is binding upon the courts of this state, when pleaded.</p> <p>Stipulations — Evidence—Foreign Laws. In an action for personal injuries from an accident in another state, a stipulation that both sides should waive “any testimony and agreeing that the court may consider” the laws of such state in evidence, makes the statutes and decisions of that state evidence, and does not make conclusive an erroneous legal conclusion of the trial court, which is subject, upon proper exceptions, to correction on appeal.</p> <p>Trial — Evidence—Foreign Laws — Province oe Court and Jury. When a rule of law in a sister state merely involves the interpretation of judicial opinions, it becomes a question of law for the court and not of fact for the jury.</p>

Judges: Chadwick

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