Lund v. Griffiths & Sprague Stevedoring Co.

Citations

• 108 Wash. 220
• 183 P. 123
• 1919 Wash. LEXIS 864

Syllabus

<p>Master and Servant (20-1)—Injury to Servant — Workmen’s Compensation Act—Maritime Work of Stevedore. The amendment to the Federal Judiciary act of October 17, 1917 (U. S. Comp. St., §§ 991, 1233) saving to claimants.in all civil causes of admiralty and maritime jurisdiction in the Federal courts the rights and remedies under the workmen’s compensation law of any state, did not have the effect of establishing the jurisdiction of the state workmen's compensation act over personal injuries to workmen occurring on hoard ships, since the state act does not afford a remedy to such workmen or entitle the commission to collect premiums from employers therefor.</p> <p>Same (124)—Injuries to Servant—Pleading'—Complaint—Negligence on Part of Master—Pleading Notice of Defect in Machine. In an action for personal injuries to a stevedore resulting from structural defects in the winches, making them unsuitable for the work, the master’s knowledge need not be alleged in the complaint or directly proved, but may be inferred where they were discoverable either by inspection or by putting them into actual service.</p> <p>Same (129)—Pleading—Variance—Defects in Machine—Effect of Variance. It is not a fatal variance that the complaint alleged that winches were defective in having insufficient play in the eccentrics, making them difficult of control, and the proof showed that the throttle valves were intended to be described and were responsible for the difficulty of control; since under Rem. Code, § 299, a variance is immaterial unless it actually misled the party to his prejudice, and there was a failure to prove the allegation “in its entire scope and meaning.”</p> <p>Same (155)—Evidence—Question fob Jury as to Master’s Negligence—Tools and Appliances—Unsaeety of Winches on Vessel. Whether winches were unsafe is a question for the jury where, although the evidence was conflicting, there was testimony that they were “touchy” and unsafe in the hands of any driver.</p> <p>Same (184)—A