Cox v. Wilkeson Coal & Coke Co.

Citations

• 61 Wash. 343
• 112 P. 231
• 1910 Wash. LEXIS 1343

Syllabus

<p>Master and Servant — Coal Mine — Safe Place — -Assurance of Foreman. After an unsuccessful attempt to cause a “squeeze” in a coal mine, the assurance of the foreman, after inspection, that the place was safe, is an undertaking of the master and may be relied upon by miners called to the place.</p> <p>Same — Duty of Master — Trial—Instructions—Harmless Error. It is not prejudicial error requiring a reversal of the case that the duty of the owner of a coal mine was defined by reference to what “could” have been done instead of what “should” have been done to render the place safe, where the true tests were given in other instructions and it does not appear that the jury were misled.</p> <p>Same — Negligence—Evidence—Admissibility. In an action for the death of a coal miner, caused by a cave-in after an unsuccessful attempt to draw a pillar, it is not error to admit evidence that pillar drawing is the most dangerous work in the mine, or that it would have been safer to discontinue work at that place for a time.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict of $16,500, reduced to $14,000, for the death of a coal miner, thirty-five years of age, who was industrious and thrifty, is not excessive.</p>