Hammons v. Setzer

Citations

• 72 Wash. 550
• 130 P. 1141
• 1913 Wash. LEXIS 1511

Syllabus

<p>Master and Servant — Relation — Existence of Agency — Evidence — Question for Jury. Tbe question of the agency of an employee of tbe owner of a grocery store, rendering tbe employer liable for injuries sustained -when tbe employee, driving an automobile delivery truck, ran into and injured a pedestrian, is for tbe jury, where it appears that tbe automobile started out on a demonstration trip in charge of tbe selling agent, to make a delivery of groceries, and there was evidence that tbe grocery man instructed tbe agent to show tbe employee bow to run tbe machine, and “all about it,” as be was “tbe man wbo would run- it” if purchased (Mount, J., dissenting).</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,500 for personal injuries, sustained by a pedestrian struck by an automobile, will not be beld excessive, where one rib was broken, bis back weakened, be was unable to work at bis previous employment, suffering a less of $1.50 per day, and bad sustained a loss of $567 in wages.</p>