Keating v. Pacific Steam Whaling Co.

Citations

• 21 Wash. 415
• 58 P. 224
• 1899 Wash. LEXIS 301

Syllabus

<p>APPEAL — HARMLESS ERROR — IMPROPER ADMISSION Off EVIDENCE.</p> <p>The improper admission of opinion evidence, in an action by a seaman for injuries received on a vessel engaged in towing a barge, that the appliances used for towing were unsafe, is not ground for reversal, when it is manifest from the evidence as to the character of the appliances that they were not reasonably safe and that the jury were justified in so finding, whether the questionable evidence was .admitted or not.</p> <p>SHIPPING-INJURIES TO SEAMAN — ASSUMPTION Off RISKS.</p> <p>Where a seaman, after signing shipping articles for a voyage on a vessel engaged in towing, discovers on going aboard the vessel that the towline is to be attached to the mainmast, and, deeming such appliance unsafe, informs the mate, who is in charge of the vessel, that he will not go if the mainmast is to be used, and is assured by the mate that it will not be, such seaman can not be held to have assumed the risks of the employment, so far as the using of the mainmast is concerned.</p> <p>SAME-CONTRIBUTORY NEGLIGENCE.</p> <p>Obedience on board ship at sea to the orders of the mate or the captain is not negligence, even though the seaman knows the danger.</p> <p>MASTER AND SERVANT-FELLOW SERVANTS-CAPTAIN AND SEAMAN Off VESSEL.</p> <p>The relation of fellow servant does not exist between the captain or mate and an ordinary seaman, and the negligence of those officers in the details of the work of navigation on board the ship is the negligence of the owner, for whom they stand as vice principals.</p>