Duskey v. Green Lake Shingle Co.

Citations

• 51 Wash. 145
• 98 P. 99
• 1908 Wash. LEXIS 985

Syllabus

<p>Appeal — Record—Objections. Error cannot be assigned on permitting an amendment to the complaint where the record does not disclose the ruling.</p> <p>Master and Servant — Negligence—-Issues and Proof. In an action for injuries to the operator of a shingle machine, evidence of negligence as to the use of a “filled-in” table, and in permitting children in the mill, is admissible where charged as negligence in the complaint.</p> <p>Evidence — Mortality Tables — Admissibility. Upon an issue as to permanent, although only partial, disability by reason of the loss of fingers, mortality tables are admissible.</p> <p>Appeal — Review—Instructions Covered in General Charge. It is not error to refuse instructions covered in the general charge.</p> <p>Damages — Instructions—Previous Disability — Earning Capacity. An instruction to consider the difference in the -earning capacity of the plaintiff before and after the accident, for loss of fingers, covers consideration of the fact that he had already lost the tips of his fingers in a previous accident.</p> <p>Master and Servant — Dangerous Machinery — Assumption oe Risks — Promise to Repair — Evidence—Sufficiency. The question of negligence and assumption of risks is for the jury where there was evidence-that the operator of a shingle machine lost his fingers by reason of the open condition of the table, which was unsafe and which the employer had promised to repair or “fill-in”, and that plaintiff continued work for but a short time in reliance on the promise; although there were inconsistencies in the plaintiff’s claims, and it appeared that he was experienced and had worked on the machine about a year, and only made complaint in a moment of anger two days before the accident.</p> <p>Damages — Injuries—Excessive Verdict. A verdict for $2,080, for the loss of the tips of four fingers of the left hand of a man 28 years of age, impairing his earning capacity to the extent of one dollar a day, is not excessive.</p> <p>Root, J.