Meigs v. Porter

Citations

• 70 Wash. 164
• 126 P. 411
• 1912 Wash. LEXIS 1022

Syllabus

<p>Master and Servant — Injury to Servant — Negligence—Safe Place — Duty to Warn — Question for Jury. In ordering a servant into a dangerous place to remove a piece of iron suspending a heavy-tank which was being lowered by a derrick to a car, the master owes the imperative duty to warn the servant of the removal of a rope holding the tank, rendering the work unnecessarily dangerous; and it was for the jury to determine whether the master was guilty of negligence in failing to keep the place safe, or give warning of impending danger by the removal of the rope, where the evidence was conflicting as to whether the servant had notice, and showed that no one would have been injured if the tank had been lowered by the rope after removal of the iron, as was the intention from the beginning.</p> <p>Same — Assumption of Risks — Obedience to Orders. In such case, the servant does not assume the risks in obeying the order if the rope was not removed when he went into the place to work.</p> <p>Damages — Personal Injuries' — Excessive Yerdict. A verdict for • $3,000, reduced by the trial court to $1,500, in favor of a carpenter 42 years of age for injuries to a foot, will not be reduced as excessive, where he was confined to his bed six weeks, and used crutches for some time, and was still lame and was suffering much pain six months after the injury, and the prospect for a complete recovery was reduced by his age.</p>