O'Brien v. Griffiths & Sprague Stevedoring Co.

Citations

• 116 Wash. 302
• 199 P. 291
• 1921 Wash. LEXIS 821

Syllabus

<p>Appeal (370)—Review—Theory of Case in Lower Court. Where, in a personal injury action by a stevedore injured in the hold of a vessel as the result of improper signals given by a hatch tender, the defendant tried the case throughout on the theory that the hatch tender was a vice-principal, it cannot on appeal assume the position that, under the rules of the admiralty courts, a stevedore working in a vessel’s hold and the hatch tender are fellow servants in loading the vessel.</p> <p>Damages (88)—Excessive—-Injury to Leg. A, verdict for $10,000, for injuries to plaintiff’s leg, about five inches above the ankle, for which he was in the hospital sixty-eight days and the leg was rendered about one-half inch short, with a slight backward bow, was excessive, and should be reduced to $5,000.</p>