LaBee v. Sultan Logging Co.

Citations

• 59 Wash. 341
• 109 P. 1023
• 1910 Wash. LEXIS 1201

Syllabus

<p>Continuance — Absence op Witness — Diligence. A continuance is properly denied to defendant to secure the attendance of a witness in its employ in British Columbia and under its control, where his evidence had been given on a former trial, issues on amended pleadings had been made up for two months, and no excuse was shown for failing to take his deposition, nor due diligence exercised to secure his attendance.</p> <p>Master and Servant — Negligence—Defective Appliances — Evidence — Question for Jury. The negligence of a master in furnishing a defective wire rope to support a gin pole is for the jury, where there was evidence which, though contradicted, tended to show that the rope broke at a splice, which should be stronger than at any other place if properly spliced, that the defendant was attempting to move a heavier load than usual, and applied the power before plaintiff had released a brake; since there was direct evidence of the breaking of an appliance through defendant’s negligence, and evidence eliminating negligence by the plaintiff and his fellow servants.</p> <p>Appeal — Review—Harmless Error — Instructions. Where there was no evidence warranting the submission to the jury of the issue of assumption of risks, error in instructions thereon are not prejudicial to the defendant.</p>