Hoseth v. Preston Mill Co.

Citations

• 49 Wash. 682
• 96 P. 423
• 1908 Wash. LEXIS 648

Syllabus

<p>Master and Servant — -Negligence—Defective Appliances — Evidence — Admissibility-—Appeal—Review—Harmless Error. In an action for personal injuries sustained through an alleged defective swamp hook and lead line, it is competent for the defendant to show that the hook and line were, while in the same condition, used several days after the injury in the same work, and worked perfectly; but its exclusion is not prejudicial error where there was testimony -that the same had been used in the same way for eighteen months prior to the accident.</p> <p>Evidence — Conclusions—Master and Servant — Warning. It is not error to exclude evidence that a man could not remain in a logging camp a single day without hearing warnings to keep away from the lead lines, the same being a conclusion for the jury.</p> <p>Same — Applicability to Issues. Testimony as to what might have happened, upon a contingency as to which there was no evidence in the case, is properly excluded.</p> <p>Master and Servant — Safe Appliances — Known Dangers — Instructions as to Corresponding Duties — Trial—Instructions as a Whole. It is not prejudicial error in an action for injuries sustained by a signalman in a logging camp, through the breaking of a swamp hook, to instruct that the master and servant do not stand upon a footing of equality as to the knowledge of danger, where the instruction is immediately followed by full and proper instructions as to the corresponding duties of the parties which, taken as a whole, were favorable to appellant.</p> <p>Damages- — Personal Injuries — Resulting Damages — Rebreaking of Leg. In an action for personal injuries from the breaking of a leg, where, three months after the accident, the plaintiff was permitted by the physician to go about on crutches and fell and rebroke his leg, he may recover the entire damages sustained, if he exercised reasonable care at the time of the fall, and if the second injury was attributable to the first.</p> <p>Same — Instructions. An