Creamer v. Moran Bros.

Citations

• 41 Wash. 636
• 84 P. 592
• 1906 Wash. LEXIS 1026

Syllabus

<p>Master and Servant — Negligence—Hot Oil From Machinery — • Assumption of Risk — Contributory Negligence — When Questions for Jury. Tbe defenses of assumed risk and contributory negligence are for the jury where the evidence shows that the plaintiffs’ decedent was injured while assisting to remove a propeller from a ship, the hub having become tightly fastened to the shaft, the proximate cause being the negligence of the defendant in failing to inspect the hub and learn of a large amount of hot oil therein, together with the act of the superintendent, who struck the hub with a sledge in such a manner as to release the oil, which fell upon plaintiffs’ decedent, who was standing with his back to the shaft and who had no knowledge of the presence of the oil, nor that the superintendent was about to strike the hub.</p> <p>Same — Vice Principals — Superintendent — Setting Dangerous Agency in Operation. Where a number of men were engaged in removing the propeller from a ship, the shaft of which was tightly wedged in the hub, the act of the superintendent in striking the hub a blow with a sledge, without waring the men in close proximity thereto, thereby releasing a quantity of hot oil confined in the hub, and precipitating the same upon one of the men, is the act of a vice principal and not of a fellow servant, in that it put in operation ah agency fraught with danger, without warning to the men.</p> <p>Death — Damages—Excessive Verdict. A verdict in favor of a widow and three minor children for damages for the death of a husband and father in the sum of $13,500 is excessive and should be reduced to $8,000, where it appears that the deceased was 48 years old, earning $3.50 per day, and had once abandoned his family for a time, and at the time of tbe accident bad left bis borne, and bis wife did not know of bis whereabouts nor learn of tbe death until eleven days thereafter.</p>