Miller v. Pacific Coast Condensed Milk Co.

Citations

• 65 Wash. 518
• 118 P. 627
• 1911 Wash. LEXIS 963

Syllabus

<p>Master and Servant — Injuries—Assumption of Risks — Assurance of Safety — Evidence—Sufficiency. Where the plaintiff, who was inexperienced in the erection of derricks, had just ascended and descended a derrick gin-pole, after being assured of its safety, and again ascended the pole upon the order of the defendant’s superintendent who meanwhile had negligently changed one of the guy ropes without the plaintiff’s knowledge, he did not assume the risk of the fall of the pole due to the change in the guy ropes, as he had a right to rely on the statement that it was safe.</p> <p>Parent and Child — Action for Injuries — Emancipation—Pleadinq and Proof — Admissibility of Evidence. In an action for personal injuries brought by a minor by his guardian ad litem, alleging loss of wages, and hospital and doctor’s fees, which allegations were not moved against, the defendant is not tafeen by surprise by proof of emancipation, and cannot object to recovery for loss of wages and expenses incurred.</p> <p>Damages — Excessive Damages — Personal Injuries. A verdict for $5,000 for personal injuries is not excessive, where the plaintiff, twenty years of age, strong, healthy and active, received a terrible fall, was rendered unconscious for four days, partial deafness and facial paralysis resulted, and loss of health and strength will remain through life.</p>