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· 9/5/1907

LaBee v. Sultan Logging Co.

Citations

  • 47 Wash. 57
  • 91 P. 560
  • 1907 Wash. LEXIS 709

Syllabus

<p>AipeaL'—Review—New Tbial. The grant of a new trial for errors of law occurring at the trial does not involve the discretion of the court, and is reviewable on appeal.</p> <p>Master and Servant—Injuries—Safe Appliance—Evidence— Prima Facie Case. That a steel cable, furnished by a master to be used for a particular purpose, broke when used for that purpose, in a proper manner, is sufficient evidence to make out a prima facie case of negligence on the part of the master in furnishing or using the cable.</p> <p>Same—Pleading—Conclusions. A general allegation that a master failed to provide a safe place to work, following specific allegations of the acts committed, is a conclusion only, and does not admit evidence of negligence not covered by the specific charge.</p>

Judges: Fullerton

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