Goldthorpe v. Clark-Nickerson Lumber Co.

Citations

• 31 Wash. 467
• 71 P. 1091
• 1903 Wash. LEXIS 652

Syllabus

<p>MASTER AND SERVANT-NEGLIGENCE OF MASTER-ACTION BY SERVANT FOR INJURIES-QUESTION FOR JURY.</p> <p>In an action to recover damages for injuries occasioned by defendant’s negligence, a question for the jury is presented, where there was testimony to the effect that defendant had been taken away from his employment in another part of defendant’s plant and directed by a vice. principal to go upon a platform where the light was defective and remove a belt from the shaft for the purposes of repair; that in attempting to lift the belt he was caught and drawn around the shaft; that the belt was old, frayed and had laces, threads and fragments hanging from it; that the shaft was somewhat rough from rust and that these threads would have a tendency to catch and be drawn aTound it; and that plaintiff was caught by the buckling of the belt, thereby receiving the injuries complained of; there being conflicting testimony as to whether the belt had been properly handled by him for the purpose of removal.</p> <p>SAME-ASSUMPTION OP RISK.</p> <p>A workman is not barred from recovery under the doctrine of assumption of risk, although aware of the defective nature of an appliance in use, where the danger therefrom is not plainly discernible and he is ordered by a vice principal to proceed with the dangerous work, the workmen having a right to assume that he is not going to he exposed to unnecessary perils.</p> <p>SAME-INSTRUCTIONS-EXPRESSION OP OPINION AS TO AMOUNT OP DAMAGES.</p> <p>Where the prayer of the complaint in an action for damages was for judgment in the sum of $25,500, it was not the expression of an opinion on the part of the court to charge the jury that, if their verdict should he for plaintiff, they should find his damage to he in an amount not exceeding the sum of $25,500.</p> <p>TRIAL-INSTRUCTIONS-CONSTRUCTION AS A WHOLE.</p> <p>The instructions of the court must he considered as a whole, and error cannot he predicated upon the incompleteness of one of the instructi