Druglis v. Northwestern Improvement Co.

Citations

• 41 Wash. 398
• 1906 Wash. LEXIS 975

Syllabus

<p>Appeal — Review—Verdict Upon Conflicting Evidence. The verdict of a jury upon conflicting ( evidence upon an issue as to negligence is conclusive on the supreme court after the refusal of the lower court to grant a new trial.</p> <p>Master and Servant — Negligence—Injury to Miner by Pall of Rock- — -Furnishing Props — Evidence—Sufeiciency. In an action for personal injuries sustained hy a miner from the alleged fall of rock in a mine, the question of the negligence of the defendant is for tne jury, where there was evidence tha,t no props were furnished to the plaintiff, as required hy statute, although he had demanded the same; and the defendant is not entitled to a nonsuit hy reason of conflicting testimony to the effect that there were sufficient props provided, and that the plaintiff had stated at the time that his injury was due to other causes.</p> <p>Same — Violation of Statutory Duty — Assumption of Risk. An employee^ in a mine does not assume the risks of injury hy reason of defendant’s failure to perform the statutory duty of furnishing sufficient props.</p> <p>Same — Contributory Negligence — Instructions. An instruction in a personal injury case to the effect that the defendant would be liable for an injury caused by its negligence, if the plaintiff was “without any greater want of care, prudence and skill . . . than was reasonably to be expected from a person of ordinary care,” etc., is not prejudicially erroneous, although not as clear as it should have been upon the subject of contributory negligence.</p>