Godley v. Gowen

Citations

• 89 Wash. 124
• 154 P. 141
• 1916 Wash. LEXIS 659

Syllabus

<p>Master and Servant — Injury to Servant — Negligence—Question for Jury. In an action by a servant for injuries sustained in cranking an automobile, the negligence of the defendant is a question for the jury, where it appears that he advanced the spark while plaintiff was truning the crank, which the defendant knew or should have known would have a tendency to cause the engine to back-fire and kick back.</p> <p>Same — Injury to Servant — Instructions. In an action by a servant for injuries sustained in cranking an automobile, upon an issue as to whether defendant ordered the plaintiff to crank the car, or whether he did so without defendant’s knowledge and contrary to orders, an instruction as to the duty of the defendant as to warning plaintiff of the dangers in case he ordered or “permitted” the plaintiff to do so, is not prejudicially erroneous in the inapt use of the word “permitted,” where there was in the case no idea of permission except as inferred from the order to crank the car, and it must have been so understood.</p> <p>Damages — Personal Injuries — Future Pain and Suffering — Instructions. In an action for personal injuries, it is correct to instruct that the jury may award damages for pain and suffering to which plaintiff will be subjected in the future.</p> <p>Master and Servant — Injury to Servant — Choice of Methods— Instructions. In an action by a servant for injuries sustained in cranking an automobile, an instruction as to the duty of tbe plaintiff, in case there was a safe and an unsafe method of performing the act, is inapplicable where plaintiff was not instructed as to the proper manner and did not know that one way was safer than another.</p> <p>Appeal — Review—Harmless Error. Error in allowing $109 damages on account of plaintiff’s expenses, which were limited by the instructions to $40, is cured by the remitting of $200 from the verdict.</p> <p>Trial — Misconduct op Counsel — Prejudice. In an action by a servant for personal injuries, cou