Nelson v. Western Steam Navigation Co.

Citations

• 52 Wash. 177
• 100 P. 325
• 1909 Wash. LEXIS 1094

Syllabus

<p>Master and Servant — Relation—Shipping—Proof of Ownership of Vessel — Evidence—Sufficiency. In an action for personal injuries sustained by a sailor, there is not sufficient evidence that defendant, a corporation whose officers were nonresidents, was the owner of the steamship or had any control over it, and a nonsuit is properly granted, where the evidence merely showed that defendant’s name was painted across the bow, its stationery, tickets, and shipping receipts used, the ship was running under a bond theretofore given in defendant’s name, and one of its stockholders had signed the name of agents to a contract agreeing to run the ship in defendant’s name, such contract clearly showing that defendant had no control of the ship or share in its profits, and there was no evidence tending to. show actual or constructive notice by the defendant of any of the above facts, and it appeared that the defendant had previously sold its line of steamers and was not operating any.</p> <p>Corporations — Representation — Stockholders. The fact that one of the stockholders of a corporation entered into a contract with reference to the use of the corporate name by a third person, is not constructive notice to the corporation of the terms of the contract.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $2,000 for personal injuries sustained by a sailor and longshoreman, thirty-two years old, earning $40 per month as a sailor, and capable of earning 40 or 50 cents per hour as longshoreman, is not excessive, where it appears that his toes were crushed and had to be amputated, that he suffered great pain, was in the hospital 2% months and lost about six months’ time, and cannot follow the occupation of sailor or longshoreman.</p> <p>Appeal — Preservation of Grounds — Exceptions—Rulings on Evidence. Under Bal. Code, § 5054, an exception is not necessary where an objection is interposed and a ruling made on the offer of evidence.</p> <p>Same — Exceptions to Inst