Mrozevich v. Western Steel Corp.

Citations

• 61 Wash. 668
• 112 P. 925
• 1911 Wash. LEXIS 1140

Syllabus

<p>Master and Servant — Negligence—Safe Place — Coal Mine— Ventilation — Warning—Evidence—Sufficiency. The evidence sufficiently established that an explosion of gas in a coal mine was caused by a defective ventilating system and defective wiring, where it appears that the mine was never free from marsh gas, which is highly explosive when mixed with air in certain proportions, that before the accident the gas was coming in at a point that was very damp, that the insulation of the electric wiring was defective, whereby an arc was easily formed, a spark igniting the gas, that the explosion occurred at this point when no one was near, and from no other conceivable cause.</p> <p>Negligence — Pleading and Proof — Trial. Evidence of negligence not alleged in the complaint, received without objection, will be considered on motion for a nonsuit.</p> <p>Appeal — Review—Harmless Error — Evidence. Error in the admission of evidence of another explosion in the same mine is harmless, where on its appearing that the witness was not present, the evidence was stricken and the jury instructed to disregard it.</p> <p>Master and Servant — Negligence—Safe Place — Coal Mine— Conditions — Evidence—Admissibility. In an action for injuries sustained in a mine explosion, evidence of a witness as to the condition of the mine three weeks later is admissible, when the witness was the first person to enter the mine after the explosion.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for seven thousand dollars for injuries to a coal miner through an explosion is not excessive, where he was badly scarred and disfigured, his suffering was great, one of his hands permanently injured, his earning capacity was $100 per month, and will in the future be slight at manual labor, and he is ill fitted for anything else.</p>