Henne v. J. T. Steeb Shipping Co.

Citations

• 37 Wash. 331
• 79 P. 938
• 1905 Wash. LEXIS 729

Syllabus

<p>Master and Servant — Negligence—Duty to Furnish Safe Appliances — Pleading—Complaint—-Sufficiency. A complaint in an action for personal injuries sustained by a stevedore in defendant’s employ, through the breaking of a rope sling, is not insufficent in containing the erroneous statement that it was the defendant’s duty to furnish the very best and safest sling available, when a breach of duty in using an unsafe and rotten rope is otherwise sufficiently alleged.</p> <p>Same — Unsafe Rope Sling — Pleading and Proof — Evidence— Assumption of Risks. In an action by an experienced stevedore 'against his employer for personal injuries sustained through the breaking of a rope sling, alleged to have become rotten and unsafe, it is not admissible to show that rope slings are not in general use and that chain or wire slings are safer; since (1) the use of a rotten rope sling is the only negligence alleged, and (2) the damages incident to the use of a sufficient rope sling were assumed by the plaintiff.</p> <p>Same — Evidence—Instructions—Curing Error. Error in the admission of such evidence is not cured by an instruction to -the effect that the defendant owed the duty to use care in the selection of the rope in question, since the jury could assume from the charge and the evidence that any rope sling was insufficient.</p> <p>Same — Pleading and Proof — Insufficient Rope Sling — Proof of Overloading. In an action for personal injuries sustained through the breaking of a rotten rope sling, evidence of the overloading of the sling is admissible to show negligence in the use of the sling, although overloading is not alleged as a distinct ground of negligence.</p>