Campbell v. Winslow Lumber Co.

Citations

• 66 Wash. 507
• 119 P. 832
• 1912 Wash. LEXIS 794

Syllabus

<p>Master and Servant — Assumption op Risks — Contributory Negligence — Compliance with Command. Where a servant was told not to use a ladder until it was made secure, and it was nailed, and later moved hy the foreman and replaced without making it secure, the servant does not assume the risk and is not guilty of contributory negligence, as a matter of law, in obeying an order to go down the ladder, as he had the right to assume that it had been made secure.</p> <p>Appeal and Error — Review—Harmless Error — Facts Otherwise Established. It is not prejudicial error to exclude the evidence of a physician as to the conditions of a fracture at the time of the injury, where he made a physical examination just before the trial and testified as to its condition at that time, and the excluded evidence would have added nothing material.</p>