Conrad v. John W. Graham & Co.

Citations

• 54 Wash. 641
• 103 P. 1122
• 1909 Wash. LEXIS 1049

Syllabus

<p>Explosives — Contributory Negligence — Intoxication op Vendee —Instructions. Upon the defense of contributory negligence, in an action for injuries caused by the explosion of a dangerous chemical sold by the defendant, and where there was evidence that the plaintiff had been drinking prior to the accident, it is proper to instruct that the plaintiff could not recover if the jury find that he was intoxicated and thereby prevented from using his senses and knowledge and that in consequence he was injured, when he would not have been if sober or in the exercise of reasonable care.</p> <p>Same — Sale op Explosives — Notice.' In an action for personal injuries caused by the explosion of a chemical sold by defendant to plaintiff, notice to plaintiff’s messenger, to whom the same was delivered, that the chemical was of a more dangerous kind than the one ordered, is notice to the plaintiff.</p> <p>Same — Contributory Negligence — Notice — Warning. Where plaintiff was experienced in the use of flashlights and knew that only magnesium could be used in a magazine lamp, defendant is not liable for injuries caused by an explosion of another kind of chemical, sold to plaintiff, and which he attempted to use in his lamp, if defendant gave plaintiff’s messenger notice that the chemical was more dangerous than magnesium, and plaintiff, by the exercise of reasonable care, would have seen and read cautions on the package against the use of such chemical in a magazine lamp.</p> <p>Trial — Instructions. It is not error to refuse requested instructions covered in the general charge.</p>