Luper v. Henry

Citations

• 59 Wash. 33
• 109 P. 208
• 1910 Wash. LEXIS 1129

Syllabus

<p>Evidence — Opinions—Safe Construction. Upon an issue as to negligence in the construction of a platform, experts may be permitted to answer a hypothetical question as to whether it was properly constructed.</p> <p>Appeal — Review—Evidence—Harmless Error. It is harmless error to allow experts to state whether a platform was properly constructed and give opinions as to the cause of its falling, where reasonable minds could not differ and their conclusions were so self-evident that no prejudice could result.</p> <p>Master and Servant — Negligence—Construction of Platform. There is sufficient evidence of negligence in the construction of a platform supporting a donkey engine, which fell upon employees, where it appeared that the foundation was weak and wavering and the platform toppled over several degrees allowing the engine to fall to the ground.</p> <p>Master and Servant — Negligence—Fellow Servants — Instructions. In an action for injuries sustained by an employee through the fall of a negligently constructed platform, it is not error to refuse in instruct that the plaintiff could not recover if his injuries were caused by the negligence of a co-employee, a certain engineer, where the latter was in no way responsible for the accident, and the jury were properly instructed as to nonliability for the acts of fellow servants.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $3,800 for injuries sustained by a common laborer 26 years of age is not excessive, where his spine was injured, probably permanently, and he had been unable to perform manual labor for nine months at the time of the trial.</p>