Magnuson v. MacAdam

Citations

• 77 Wash. 289
• 137 P. 485
• 1914 Wash. LEXIS 890

Syllabus

<p>Appeal — Briefs—Time for Service. A motion to strike respondent’s brief, because filed out of time, will be denied when it was filed before tbe motion was made, and in time for service of a reply brief before tbe bearing.</p> <p>Master and Servant — Assumption of Risks — Contributory Negligence — Obedience to Orders. A laborer on street paving work does not assume tbe risk, and is not guilty of contributory negligence, in obeying tbe order of a foreman to bold tbe tongue and attempt to guide a concrete mixer, wbicb it was supposed could be moved under its own power, but wbicb could only be moved by a team, where be was not familiar with tbe machine; since it was tbe duty of tbe foreman to look out for bis safety and be bad a right to rely upon tbe orders and superior knowledge of tbe foreman.</p> <p>Appeal — Review—Harmless Error — Expert Evidence.. In an action for personal injuries to a laborer, injured in attempting to move a concrete mixer under its own power while plaintiff was bolding tbe tongue, it is not prejudicial error to admit expert evidence of a mechanical engineer to show tbe force tending to move tbe tongue from side to side, where bis competency was not questioned and objection was not made below to lack of evidence as to controlling conditions.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $4,500 is excessive and should be reduced to $2,500, where plaintiff claimed that bis left ankle was severely sprained and tbe instep broken down, wbicb at times becomes swollen and prevents work at hard manual labor, and it appears that be continued at work for some days, and tbe evidence as to tbe extent of tbe injury was conflicting.</p>