Morton v. Moran Bros.

Citations

• 30 Wash. 362
• 70 P. 968
• 1902 Wash. LEXIS 695

Syllabus

<p>INJURIES TO SERVANT-CONTRIBUTORY NEGLIGENCE-QUESTION EOR JURY.</p> <p>. The question of plaintiff’s contributory negligence was properly submitted to the jury, where it appeared that he was ignorant of the hazards incident to work aboard ship, and was taken by the foreman of defendant company away from his work in the foundry to help make repairs on a vessel; that the foreman went into the lower between-decks with a lighted candle, and after an examination returned, and ordered plaintiff to carry some boards down there by means of a ladder which the foreman had placed; that plaintiff started down with a board and a lighted candle which he held' by means of one arm and hand, and when near the foot of the ladder it tilted, and, fearing a fall, he stepped off the side of the ladder and fell to the bottom of the vessel through a hole located close to the foot of the ladder; that the hole was not visible by reason of the darkness, but was known to the foreman, and he had failed to warn plaintiff of it.</p> <p>SAME — 'EXCESSIVE DAMAGES.</p> <p>Where there is no evidence of passion or prejudice on the part of the jury, and where the trial judge, who has seen the witnesses and heard the testimony, has refused a new trial urged on the ground of excessive damages, the supreme court will not interfere with the verdict.</p>