Klein v. Phelps Lumber Co.

Citations

• 75 Wash. 500
• 135 P. 226
• 1913 Wash. LEXIS 2237

Syllabus

<p>Appeal — Review—Pleadings—Amendments to Conform to Proof. A complaint for personal injuries caused by blasting, on the theory that defendant was guilty of a trespass in using explosives without authority, may be deemed amended to conform to proof, admitted without objection, that the injuries were sustained through the negligence of the defendant in setting ott the blast without warning the plaintiff.</p> <p>Explosives — Blasting—Negligence—Evidence—Sufficiency. The evidence is sufficient to sustain a verdict for personal injuries caused by blasting, where it appears that plaintiff was notified about six o’clock in the evening that a blast had missed fire; and that he could proceed to his home 200 to 400 feet distant, which he did, he was given no notice that another blast would be discharged, and the blast causing the injury was discharged about forty minutes later without giving him notice.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $2,000 for personal injuries sustained by a man 52 years of age, is not excessive, where his foot was run over by a wagon, he was knocked senseless, and a depression made on his skull, and he was rendered nervous and weak and unable to get around without difficulty.</p>