Mercer v. Lloyd Transfer Co.
Citations
- 59 Wash. 560
- 110 P. 389
- 1910 Wash. LEXIS 1240
Syllabus
<p>Appeal — Notice—Time for Taking. Where appellant moved for a new trial, the time for taking an appeal commenced to run on denial' of the motion.</p> <p>Appeal — Record—Statement of Facts — Time. A proposed statement of facts is in time if filed and served within thirty days after the time for taking an appeal begins to run.</p> <p>Master and Servant — Negligence—Safe Place. No question of the master’s duty to furnish a safe place to work is involved where a teamster’s assistant was injured while holding heavy iron plates improperly loaded on a truck by himself and the driver, the instrumentalities being proper and sufficient and the dangerous method of loading being readily observable.</p> <p>Same — Fellow Servants — Common Employment. A teamster and his assistant are fellow servants where they were engaged in the common undertaking of loading heavy iron plates on a truck, both were experienced men, and they conferred together as to the proper manner of loading them.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that statutory appeal bonds relate to the jurisdiction of the court
- discussing an appellate court's discretion to decline to consider a constitutional issue when a party fails to comply with Rule 44(a)
- discussing an appellate court’s discretion to decline to consider a constitutional issue when a party fails to comply with Rule 44(a)
- appellants failed to challenge the constitutionality of the statute in the trial court and failed to comply with Rule 44(a) on appeal
- appellants failed to challenge the constitutionality of the statute in the trial court and failed to comply with Rule 44(a) on appeal
- “The general rule is that [an appellate court] will not address issues raised for the first time on appeal, particularly where constitutional questions are concerned.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Crow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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