Morran v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 70 Wash. 114
• 126 P. 73
• 1912 Wash. LEXIS 1009

Syllabus

<p>Appeal — Review—Harmless Error — Instructions. An instruction briefly stating tbe issues and. adding that defendant denies “other material” allegations, is not prejudicial in leaving tbe jury to determine- what were the material allegations, where other instructions fully informed the jury as to what facts would sustain or defeat the' recovery, and the jury had the pleadings for their guidance.</p> <p>Same. Instructions must be considered ás a whole, and a case will not be reversed for failure to incorporate all points in a single instruction, if covered in the balance of the charge.</p> <p>Same. An instruction submitting an issue as to whether a scaffold was built under the direction of “defendant’s foreman,” is not objectionable as assuming that a certain employee was such foreman, where, by other instructions, the jury were told what facts would establish whether he was defendant’s foreman or plaintiff’s fellow servant.</p>