Meyers v. Syndicate Heat & Power Co.

Citations

• 47 Wash. 48
• 91 P. 549
• 1907 Wash. LEXIS 708

Syllabus

<p>Master and Servant—Injuries to Servant—Safe Place—Servant of Independent Contractor. The owner of a building is liable to the servant of a steam fitter engaged to do repair work in the building, for negligence in leaving exposed an unguarded hot water tank into which the servant fell while in the discharge of his duties, without contributory negligence or notice of the tank; since he is hound to maintain his premises in a reasonably safe condition and furnish a safe place to work, both as to his own servants or servants of an independent contractor invited to work there.</p> <p>Trial—Challenge to Evidence—Effect. A challenge to the sufficiency of the evidence should he overruled, if the testimony makes a case for the plaintiff, whether strictly within the pleadings or not.</p> <p>Same—Verdict—Disregard of Instructions—Objections. A challenge to the sufficiency of the evidence does not raise the objection that the jury disregarded an erroneous instruction which was binding on them, and under which there was not evidence to sustain the verdict.</p> <p>Appeal—Review—Waiver of Error. Appellant cannot raise the objection that there was no evidence to warrant a verdict upon an issue which was submitted to the jury by an instruction given at appellant’s request.</p> <p>Master and Servant—Relationship—Question for Jury. Where the owner of a building employed a steam fitter to make repairs in a building, whether or not another steam fitter in the employ of the other, who was sent to do the work, is a servant of the owner of the building or of. an independent contractor, is usually a question for the jury.</p> <p>Damages—Injuries—Excessiveness. A verdict for $2,700 for an injury to a steam fitter from stepping into a tank of hot water, whereby his foot was badly burned, is excessive and should be reduced to $1,700, where the injury was not of a permanent character.</p>