Olsen v. Tacoma Smelting Co.

Citations

• 50 Wash. 128
• 96 P. 1036
• 1908 Wash. LEXIS 681

Syllabus

<p>Master and Servant — Negligence op Master — Duty to Warn— Dangerous Place. In an action to recover injuries sustained by one employed in a smelter in removing copper bars dropped on a table at irregular intervals by a conveyor, there is sufficient evidence to make a case for the jury, where it appears that the bars weighed about 200 pounds, and were dropped at the rate of two or three a minute, and were not long in view, that the men reached across and dragged the bars from the table by hand, that plaintiff had not previously done such work and was not instructed or warned that the conveyor did not drop the bars at regular intervals, which fact was unknown to the plaintiff, whereby a bar dropped and fell upon plaintiff’s hand; since it was the duty of the master to warn him of the irregularity in the movement of the bars, as the same was not apparent and increased the dangers of the place.</p> <p>Same — Instructions as to Issues — Pleadings. It is not error to instruct the jury that a complaint for personal injuries averred that copper bars fell irregularly, of whioh fact the plaintiff was not warned, when the complaint only alleged generally that the place was dangerous, where general allegations covered the details stated, and where the details were set forth in reply to an answer of assumption of risks, and the irregularity of the movement of the bars was within the issues.</p> <p>Damages — Excessive Verdict — Loss oe Finger. A verdict for $1,500 for the loss of a little finger, resulting in confinement in a hospital for hut two hours, is excessive and should he reduced to $1,000.</p>