Lambert v. LaConner Trading & Transportation Co.

Citations

• 37 Wash. 113
• 79 P. 608
• 1905 Wash. LEXIS 682

Syllabus

<p>Trial — Instructions—Statement of Issues. It is not error that tbe instructions to the jury were not prefaced by the usual statement of simple issues formed by the pleadings.</p> <p>Carriers — Master and Servant — Employee When not. Passenger on Boat. Where a stevedore employed on board a steamer was injured in a collision with a drawbridge through his master’s negligence, he is not a passenger while idle and en route, and is entitled only to the degree of care owed to servants, where he lived on board under continuous employment, although his principal work was done while in port.</p> <p>Seamen — Action for Personal Injuries — Complaint in Tort— No Recovery on Maritime Contract. In an action by a stevedore on board a boat, for personal injuries, based solely upon the tortious negligence of the master, the plaintiff cannot recover as a seaman upon a maritime contract for time lost and expenses.</p> <p>Master and Servant — Negligence of Captain of Boat — Evidence in Rebuttal. Upon an issue in an action for personal injuries as to the negligence of the captain of a boat which collided with a drawbridge, it is proper to exclude evidence in rebuttal to the effect that the captain asked the bridge tender whether the ■bridge could not be further opened, in time to have enabled him to avoid the accident, as, the captain having testified that he called out, it was not impeaching his evidence and the question of distance was a part of the plaintiff's case in chief.</p> <p>Evidence — Opinions—Experts. In an action for personal injuries sustained through the alleged negligence of the captain of a boat in a collision with a drawbridge, it is proper to allow the captain to state his opinion as to whether he could have avoided the accident, where he has qualified and is testifying as an expert witness.</p> <p>Costs — Retaxation. The costs allowed upon a retaxation before the trial court will not be disturbed on appeal, where the record shows a dispute as to the propriety of th