Harris v. Washington Portland Cement Co.

Citations

• 49 Wash. 345
• 95 P. 84
• 1908 Wash. LEXIS 582

Syllabus

<p>Master and Servant — Injuries to Servant — Knowledge of Danger- — -Evidence—Question for Jury. The positive statements of an employee that he did not know of the danger from an effort being made to raise a water gate, are not overcome by proof of minor facts which he might have noticed and indicating to him that such attempt was being made, considering his position and the roar of the water, and the question is therefore for the jury.</p> <p>Appeal — Review—Harmless Error- — Evidence. It is harmless to exclude a question on cross-examination as to the time a certain event had taken place, where it had been in substance answered many times by the witness.</p> <p>Master and Servant — Contributory Negligence-Instructions— Relevancy. An instruction that plaintiff cannot recover if he voluntarily adopts an unsafe method where there was a safe way, need be given only where there are obviously two ways of doing the act.</p>