Norman v. Shipowners Stevedore Co.
Citations
- 59 Wash. 244
- 109 P. 1012
- 1910 Wash. LEXIS 1177
Syllabus
<p>Master and Servant — Negligence—Warning—Evidence—Sufficiency. There was sufficient evidence of negligence to warrant a recovery by a stevedore for injuries sustained in loading a vessel with heavy timbers, where there was evidence that it was the duty of the hatch tender to notify him of the approach of a timber, that the men worked in reliance upon the warning, and none was given to the plaintiff, the hatch tender having deserted his post, and the injury resulted by reason of failure to give the warning.</p> <p>Witnesses — Impeachment—Opinions—Admissibility. It is not competent to rebut the statements of a witness giving his opinion as to the cause of an accident, admitted without objection, by other statements made by him, giving a different opinion; since the conclusions of the witnesses were incompetent, and not within the rule of impeaching a witness by contradictory statements made out of court.</p>
Judges: Morris
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