Delaski v. Northwestern Improvement Co.

Citations

• 70 Wash. 143
• 126 P. 421
• 1912 Wash. LEXIS 1017

Syllabus

<p>Trial — Nonsuit—Credibility op Witness — Question por Jury. Where on a former appeal, on substantially the same evidence, the supreme court upheld the sufficiency of the evidence to sustain a recovery, the fact that the testimony of one witness in the second trial varied on immaterial issues from his former testimony, does not warrant a nonsuit, where the contradictions merely affected his credibility and it was for the jury to determine the credit to be given to his testimony.</p> <p>Master and Servant — Injuries to Servant — Safe Place — Mines —Evidence—Admissibility. In an action for the death of a coal miner poisoned by gases in a room on the 10th level on the west side of the mine, it is not error to admit evidence that the air was frequently bad on the 9th level on the east side of the mine, although that place was not in issue, where there was evidence that there was a passageway whereby the air could pass from the one place to the other, and where evidence of frequent bad air throughout the mine also supported the allegation that the rules of the company were frequently violated by shooting blasts at the noon hour; especially where the court cautioned the jury that the general system of ventilation was not complained of as defective and that the only issue was as to insufficient ventilation of the particular room.</p> <p>Death — Action por Wroncpul Death — Excessive Verdict. A verdict for $18,000, in favor of a widow and children, for the death of a coal miner, from 35 to 37 years of age, in good health and able to earn about $65 a month, and having a life expectancy of thirty years, is excessive and should be reversed unless $4,000 is remitted.</p>