Johnson v. North Coast Stevedoring Co.

Citations

• 109 Wash. 236
• 186 P. 663
• 1920 Wash. LEXIS 884

Syllabus

<p>Trial (55)—Taking Case From Jury—Sufficiency of Evidence. On defendant’s motion for nonsuit, the evidence must be viewed in the light most favorable to the plaintiff, who is not bound by unfavorable testimony of one of his own witnesses.</p> <p>Master and Servant (101) —Assumption of Risk — Promise to Repair—Liability. In order to recover for personal injuries sustained by a servant while working upon a dangerous floor covered with oil, the servant must prove (1) his complaint to the foreman; (2) assurances that the conditions would be remedied; (3) reliance on the assurances; (4) injury before a reasonable time for making the repairs; and (5) that the risks were not so imminent as to require him to stop work' notwithstanding the promise; this rule applying to the place of work as well as to the machinery.</p> <p>Same (101, 161)—Assumption of Risks—Promise to Repair—Reliance Upon—Evidence—Sufficiency. The evidence supports a finding that plaintiff, injured upon a floor covered with oil, relied upon the foreman’s promise to obtain sawdust, when it appears that for two hours repeated complaints were made, the foreman made several attempts to get the sawdust and gave assurances that he would do so, which assurances were at no time withdrawn.</p> <p>Damages (84, 88)—Excessive Damages—Injury to Leg. A verdict for $5,000 for injuries to a stevedore are not excessive, where he was seriously bruised, his knee was broken and his kidneys injured and he suffered much pain .in a hospital for seven weeks, it would probably be a year before lie could perform his usual work, he might not be able to do heavy work, and his doctor’s bills came to several hundred dollars.</p>