Ongaro v. Twohy

Citations

• 49 Wash. 93
• 94 P. 916
• 1908 Wash. LEXIS 532

Syllabus

<p>Statutes — Laws of Other States — Necessity of Pleading. In an action by a servant for personal injuries sustained in another state, it is proper to exclude evidence of the laws of such state relating to vice principals and fellow servants, where the same were not pleaded.</p> <p>Master and Servant — Fellow Servants — Powderman and Common Laborer — Vice Principals- — Warning. A foreman and “powder” man engaged in blasting and drilling operations at the top of a cut in railroad construction work are not fellow servants of one employed in the cut below as a common laborer in shoveling rock and earth into cars; and the former represent the master and are bound to give notice to laborers in places made dangerous by their work.</p> <p>Same — Assumption of Risks. Employees working in the proximity of blasting operations on railroad construction work do not assume the risk of the negligence of a shift boss and “powder” man in using a steel rod to tamp dynamite into a hole, where such operation was extra dangerous and likely to cause a premature explosion.</p> <p>Damages — Personal Injuries- — Measure of Damages — Future Pain — Instructions. In an action for personal injuries it is reversible error to instruct that the plaintiff may recover for the pain and suffering “which he may suffer in the future,” as the recovery must be confined to such future pain and suffering as is reasonably certain to result from the injury (Dunbar, J., dissenting).</p> <p>Appeal and Error — Exceptions—Mode of Taking — Trial. Where exceptions were dictated to the stenographer by an attorney in his place at the attorney’s table, with the presiding judge upon the bench, it cannot be objected that the judge could not hear the exceptions, since it was his duty to do so.</p>