Hansen v. Dodwell Dock & Warehouse Co.

Citations

• 100 Wash. 46
• 170 P. 346
• 1918 Wash. LEXIS 699

Syllabus

<p>Master and Servant — Employment — Contracts. Whether an employer orally agreed to protect a strike breaker from violence is a question for the jury, where two witnesses testified to that effect, and it was admitted that there was danger of such violence.</p> <p>Same. An employer’s contract with a strike breaker to furnish ample or “absolute” protection from violence and a safe place from any assault, is not of itself impossible of performance, and therefore is not invalid on that account.</p> <p>Same. Such contract is not illegal as against public policy, where it does not expressly require the employment of a private- armed force.</p> <p>Same. Such contract is not void as an insurance contract made without requisite formality.</p> <p>Same—Employment—Evidence. The fact that a dock owner farmed out its servants to other employers does not show that they were not in its employ, where it paid the men and received its remuneration from such other employers.</p> <p>Release—Injury to Servant—Evidence. A receipt in full payment for wages for the time stated cannot be set up as a release and discharge from liability upon a contract to protect the employee from violence by strikers, there being nothing on its face and no extrinsic evidence to show that it was so intended.</p> <p>Appeal—Harmless Error—Invited Error. Error cannot be predicated upon a portion of an instruction made up from several requests which was included in one of the requests.</p> <p>Same. Error cannot be predicated upon the giving of an instruction that was in favor of the appellant.</p> <p>Damages—Pain and Suffering—Instructions. Where, from the detailed allegations and proof of an assault by strikers, anguish of mind and pain of body must follow, though not expressly alleged, it is proper to instruct that the plaintiff could recover therefor.</p> <p>Appeal—Review—Theory of Case. Insufficiency of the complaint to allege anguish of mind and pain of body cannot be assigned as error, where the case was t