Hall v. Northwest Lumber Co.

Citations

• 61 Wash. 351
• 112 P. 369
• 1910 Wash. LEXIS 1345

Syllabus

<p>Master and Servant — Injuries —■ Negligence — Signals — Safe Place. It is actionable negligence for the foreman of a log loading crew to give the signal for the starting of the winch before the tong tender had time to get out of the way of the log to which he had attached the tongs for the purpose of loading it onto a car.</p> <p>Master and Servant — Vice Principal — Foreman—Duty of Superintendence. A foreman of a log loading crew, where the work requires concert of action under immediate and direct supervision, is a vice principal and not a fellow servant of the other members of the crew as to the duty of superintendence delegated to him by the master.</p> <p>Same — Contributory Negligence — Question for Jury. Whether a tong tender was guilty of contributory negligence in not placing the tongs in the proper position on the log to he moved, is for the jury, when that was a disputed question.</p> <p>Appeal — Objections—Admission of Evidence. Error cannot be predicated on the admission of evidence unless the specific objection urged was made at the trial.</p> <p>Trial — Instructions—Requests. It is not necessary that instructions be given in the language requested, where the same were fairly presented.</p> <p>Trial — Misconduct of Judge. Remarks of the trial judge during the course of the trial are not ground for reversal, where they could not have been prejudicial.</p> <p>Appeal — Misconduct of Judge — Trial—Polling Jury. It is not prejudicial error, in polling a jury, for the court to make additional inquiries as to how each juror found on certain questions.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for ten thousand dollars for personal injuries through the breaking of a leg is not excessive, where the broken bone did not unite after two operations, the plaintiff was only twenty-three years of age, and cannot work in a standing position.</p> <p>Costs — Witness Fees — Mileage. Mileage for witnesses may be first claimed in the cost bill, alt