Hoff v. Japanese-American Fertilizer & Fisheries Co.

Citations

• 48 Wash. 581
• 94 P. 109
• 1908 Wash. LEXIS 922

Syllabus

<p>Master and Servant — Assumption oe Risks — Contributory Negligence — Questions for Jury. Whether risks were assumed as incident to the employment, and whether plaintiff was guilty of contributory negligence, are questions for the jury, where it appears that a fireman, while about to put wood on the fire, stepped back into a five-inch depression in the floor, causing his foot to come in contact with a pinch wheel, where it appears that the place was somewhat dark, that the wheel was protected by a much worn coaming which was insufficient to prevent contact with the wheel, and that plaintiff had been in the place but a few times and had not been warned, although he could have seen the wheel, the evidence as to the defenses being somewhat contradictory.</p> <p>Appeal — Harmless Error — Trial—Instructions. An instruction, erroneous as an abstract proposition of law, is not ground for reversal, where taken with all the other instructions, it was not erroneous under the facts and not capable of prejudicing the appellant.</p>