Olson v. Gill Home Investment Co.

Citations

• 58 Wash. 151
• 108 P. 140
• 1910 Wash. LEXIS 910

Syllabus

<p>Explosives — Negligence — Dangerous Premises — Trespassing Children-—-Evidence—Sufficiency. It is negligence for defendant, in violation of a city ordinance, to needlessly store exposed dynamite, fuse, and caps, not intended for immediate use, upon a shelf in an unlocked toilet on premises frequented by trespassing children, where it was apt to be found and taken, and the defendant is liable for injuries sustained by a boy thirteen years of age, who took the same and was injured in attempting to cause an explosion, the defendant owing in such case the highest degree of care as to trespassing children.</p> <p>Same—Proximate Cause—Intervening Acts—Question for Jury. In such a case, the negligent act of storing the explosives is the proximate cause of the accident, notwithstanding the criminal act of the boys in stealing the dynamite, fuse, and caps, it being for the jury to determine whether the defendant should have anticipated the result.</p> <p>Same — Contributory Negligence — Question for Jury. A boy thirteen years of age who steals dynamite, fuse, and caps, and knows of its explosive qualities, is not, as a matter of law, guilty of contributory negligence precluding a recovery for injuries received, where he caused an explosion in attempting to pry out the cap with a stick, after unsuccessful attempts to fire the cap.</p> <p>New Trial—Newly Discovered Evidence. A new trial for newly discovered evidence is properly refused where the new evidence merely affected the credibility and weight of the evidence of witnesses who had given conflicting evidence upon a former trial of the action, such previous testimony having been shown on the last trial.</p> <p>Damages—Personal Injuries—Excessive Verdict. A verdict for $25,000 for the loss of both hands by a boy thirteen years of age is not excessive.</p>