Kirkham v. Wheeler-Osgood Co.

Citations

• 39 Wash. 415
• 81 P. 869
• 1905 Wash. LEXIS 879

Syllabus

<p>Damages—Future Pain and Suffering—Permanent Injury—Instructions. Future pain and. suffering from the mangling of a hand is a matter of such common knowledge that a recovery therefor is warranted without evidence thereof aside from the injury itself.</p> <p>Same—Error Cured by Subsequent Instructions. An instruction authorizing a recovery for such future pain and suffering as the plaintiff may endure as the ordinary and actual result and as a consequence of the injury is not prejudicial error in that it fails to limit the recovery to such future pain and suffering as would reasonably and probably flow from the injury, especially in view of an instruction that under no circumstances should an unreasonable or excessive verdict be returned.</p> <p>Master and Servant ■—■ Child Labor — Factory Act — Construction. The factory act, Laws 1903, p. 261, providing that' children under fourteen years of age shall not be “hired out” is intended to forbid their employment, as well as hiring out by parents, and the prohibition extends to all connected therewith, making the employment itself illegal.</p> <p>Master and Servant — Negligence—Injury to Employee of Tender Years—Warranty—Instructions. In an action for personal injuries sustained by an employee twelve years of age, a charge to the jury that it is not enough to give general instructions as to dangers, but that they should have been such as to satisfy a careful person that he was familiar with the exact danger, is not objectionable taken as a whole, as assuming as a matter of law that general instructions are not sufficient.</p> <p>Same—-Duty to Protect. A disconnected portion of a charge to the jury to the effect that defendant owed the duty to protect plaintiff from risks which one of his age did not properly appreciate, may not be objectionable as an assumption that he did not appreciate the dangers.</p> <p>Same—Degree of Care. In an action for personal injuries sustained by an employee twelve years of age, who had had