Liedke v. Moran Bros.

Citations

• 43 Wash. 428
• 86 P. 646
• 1906 Wash. LEXIS 723

Syllabus

<p>Master and Servant — Save Peace — Assumption op Risk. Where a servant is ordered to work upon a scaffold, lie is not required to make an examination of the same to see if it is safe, since he has the right to assume, in the absence of apparent danger, that it is a safe place, although his work was that of taking down the scaffold.</p> <p>Same — Assumption op Risk — Fauety Construction op Scappold— Instructions. An instruction to the effect that an employee, ordered to work upon a scaffold, does not assume the risk of faulty construction, is not inapplicable to the case by reason of the fact that his work was that of taking down the scaffold, where his fall was due to faulty construction, and to the breaking of a cross-piece upon which he was standing while attempting to remove a crosspiece above him.</p> <p>Same — Assumption op Risk — Imputed Knowledge. In such a case, knowledge that the scaffold was being taken down because of its faulty construction could not be imputed to him.</p> <p>Same — Trial—Instructions—Damages—Items Not Proved. In an action for personal injuries where there was no proof offered to sustain allegations of expenditures for medical attendance and hospital charges, it is not error to refuse a requested instruction to the effect that such items must be excluded by the jury, where by the instructions given there was no possibility that such items could have been considered.</p>