Jim v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 93 Wash. 179
• 160 P. 295
• 1916 Wash. LEXIS 1166

Syllabus

<p>Appeal — Review—Dismissal on Merits — Question of Fact. Upon a trial before tbe court without a jury, a judgment of dismissal upon a challenge to the sufficiency of the evidence is a decision on the merits, presenting on appeal a question of fact for ultimate determination by the court, and not the question presented upon granting a nonsuit at a jury trial.</p> <p>Master and Servant — Injury to Servant — Negligence—Failure to Warn — Explosives—Evidence—Sufficiency. Where a workman, twenty-one years old, was injured by the explosion of a dynamite cap which he had placed in his pocket by direction of the foreman and had forgotten to remove, the supreme court will not disturb a finding that the foreman was not guilty of negligence in failing to instruct him as to the danger of handling dynamite caps and in failing to see that unused caps were returned to their place, in view of the workman’s age, education, apparent intelligence and experience, as the trial court had opportunity to judge.</p>