Kirby v. Rainier-Grand Hotel Co.

Citations

• 28 Wash. 705
• 69 P. 378
• 1902 Wash. LEXIS 540

Syllabus

<p>APPEAL-AMOUNT IN CONTROVERSY-HOW DETERMINED.</p> <p>The constitutional provision limiting the jurisdiction of the supreme court on appeal to cases where the amount in controversy exceeds $200 applies to the amount sued for and not to the judgment rendered.</p> <p>NEGLIGENCE —■ INJURIES TO SERVANT • — • DEFECTIVE ELEVATOR-NON-SUIT.</p> <p>In an action for damages for injuries received from the fall of a freight elevator plaintiff should be non-suited when the only negligence alleged was that “the elevator through want of proper repairs and a sufficient brake immediately dropped to the bottom,” and the evidence shows that’ the elevator was not out of repair nor defectively constructed; but that plaintiff went on the elevator without being required so to do by the defendant as a part of his duties, and, in ignorance of its mechanism, attempted to operate it, causing it to fall.</p> <p>SAME-INSTRUCTIONS.</p> <p>Where there. was no evidence that the construction of an elevator was complicated and dangerous, it was error for the court to charge the jury as to the duty of defendant to give plaintiff notice of its complicated and dangerous character.</p>