Girocamo v. Tribble

Citations

• 70 Wash. 25
• 126 P. 67
• 1912 Wash. LEXIS 992

Syllabus

<p>Master and Servant — Negligence—Incompetent Fellow Servants — Evidence—Sufficiency. In an action for injuries sustained when a stone moved by a derrick struck one of the men, it is not sufficient evidence that the derrickman was incompetent that he had worked as a derrickman on this job but two days, and that a short time before, when a stone struck the car, the superintendent had rebuked the gang and instructed the derrickman.</p> <p>Appeal — Review—Instructions. Instructions to the jury become the law of the case, so far as respondent is concerned.'</p> <p>Trial — Province of Court and Jury. Whether there is any evidence of a fact in issue is a question for the court.</p>