Cleary v. General Contracting Co.

Citations

• 53 Wash. 254
• 101 P. 888
• 1909 Wash. LEXIS 1308

Syllabus

<p>Appeal — Review—Waives of Ekrok. Error in refusing a nonsuit is waived by putting in evidence in defense.</p> <p>Master and Servant — Injuries—Safe Appliances — Evidence — Prima Facie Case — Res Ipsa Loquitur. That a scaffold, furnished by a master for a servant to work on, broke when properly used for that purpose, is sufficient to make out a prima facie case of negligence on the part of the master, as the doctrine of res ipsa loquitur applies.</p> <p>Same — Safe Place — Scaffolds—Instructions. In an action for injuries sustained by a fall from a scaffold furnished by defendant for plaintiff to work on, the court properly refused to charge the jury that the plaintiff cannot recover unless he proves by a fair preponderance of the evidence his allegations that plaintiff orally agreed to furnish a safe and secure scaffold, since the law would imply that the scaffold was to be safe and secure; especially where the point was in effect covered by another instruction.</p> <p>Tbial — Insteuctions—Comment on Evidence. Instructions do not violate Const, art. 4, § 16, prohibiting charges with respect to matters of fact and comment on the evidence, where they do no more than set forth the legal effect of a certain state of facts.</p>