Mattson v. Eureka Cedar Lumber & Shingle Co.

Citations

• 79 Wash. 266
• 140 P. 377
• 1914 Wash. LEXIS 1200

Syllabus

<p>Ajppeal — Record—Statement of Facts — Affidavits. Affidavits used in a motion for a continuance must be brought up on appeal by bill of exceptions or statement of facts, unless they are clearly identified by the motion and it can be inferred from the order that no other affidavits were considered.</p> <p>Release — Fraud — Evidence- — -Sufficiency. Whether a release of damages for personal injuries in the fracture of a hip upon the payment of $250, was procured by fraud, is for the jury, where the plaintiff and the interpreter testified to the effect that it was represented' to plaintiff that the doctor had said his leg was not broken, that he would be all right in two weeks, and that the $250 was paid as a sick benefit for loss of time, until he got in shape to work again.</p> <p>Same — Fraud—Question for Jury. Where the evidence of fraud in procuring a release is conflicting, it is for the jury to determine whether it is clear and convincing.</p> <p>Master and Servant — Injuries—Proximate Cause. There was sufficient evidence that the negligent piling of lumber was the proximate cause of an accident, where it appears that the method employed was to stand the lumber on end, reclining against the wall of the shed, which violently vibrated with the operation of a mill upon the same wharf, and1 that the braces used did not extend to the outer edge of the pile which fell, and that other piles had fallen from the vibrations, and plaintiff positively denied that he touched the pile, the only other cause suggested for its fall.</p> <p>Same — Injuries—Safe Place to Work — Assumption of Risks— Questions for Jury. The questions of the negligence of the master in failing to provide a safe place to work, and the assumption of risks, are for the jury, where an inexperienced man was sent to pile lumber at a particular place in a shed, by standing the lumber on end reclining against the wall, near a pile that had not been properly braced', and which fell through the vibration of