Denny v. Kleeb

Citations

• 40 Wash. 634
• 82 P. 920
• 1905 Wash. LEXIS 1040

Syllabus

<p>Master and Servant — Negligence — Injury to Servant Piling Lumber —• Contributory Negligence — Fellow Servants — Nonsuit. An employee who is injured by the falling of lumber piled by himself and by two fellow servants, is guilty of contributory negligence and assumes the risk, where it appears that he was experienced and was as capable of realizing the danger as the foreman, who had nothing to do with piling the lumber further than to direct the plaintiff where to do his work.</p> <p>Appeal — Review—Error Cured by Verdict. In an action for personal injuries, error in refusing to give instructions as to the burden of proving plaintiff’s contributory negligence is harmless, where the jury by special verdict find that the defendant was not guilty of negligence.</p> <p>Appeal — Review-—Harmless Error as to Evidence. In an action for personal injuries, cross-examination of the attending physician showing that the defendant paid for his services, although on his examination in chief the witness gave no testimony as to his charges, is not error prejudicial to the plaintiff, where by a special verdict the jury found the defendant not guilty of any negligence.</p>