Graham v. Allen & Nelson Mill Co.

Citations

• 78 Wash. 589
• 139 P. 591
• 1914 Wash. LEXIS 1067

Syllabus

<p>Master and Servant — Injuries — Negligence — Questions eob Jury. The master is liable for the death of an assistant on an edger who was killed when the edgerman, in violation of his duty, lifted the rollers without stopping the saws, thereby allowing a timber to kick back and strike the deceased; on the theory that the ed'german was a vice principal as to his assistant.</p> <p>Same — Contributory Negligence — Question eor Jury. In such a case, the contributory negligence of the deceased in not getting out of the way is for the jury, where it appears that he was inexperienced, that it was the duty of the edgerman to keep the rollers d'own, and the situation was safe had he done so.</p> <p>Same — Fellow Servants — Vice Principal. An edgerman charged with the duty of keeping the rollers down while the saws are in motion, as a matter of safety to the crew, is not a fellow servant, but a vice principal, as to assistants working und'er him.</p> <p>Appeal — Review—Harmless Error — Instructions. In an action for the death of an assistant at an edger, an erroneous instruction submitting an issue as to the defective condition of the machine, when there was no evidence to sustain such issue, is not necessarily prejudicial, where it was apparent from the whole record that no claim was made as to defects in the machine, but the case was rested upon the negligence ot the vice principal.</p> <p>Same. An instruction as to the negligence of the defendant is not prejudicial in that it excludes any reference to contributory negligence, where other instructions fully covered1 the subject of contributory negligence.</p> <p>Death — Damages—Excessive Yerdict. A verdict for $17,500 for the death of a laborer, 33 years of age, earning $2.75 per day, his maximum earning power, is excessive, and should be reduced to $10,000.</p>