Pachko v. Wilkeson Coal & Coke Co.

Citations

• 46 Wash. 422
• 90 P. 436
• 1907 Wash. LEXIS 631

Syllabus

<p>Appeal — Review—Verdicts. The verdict of a jury upon evidence sufficient if true to support the findings, cannot be disturbed by the supreme court.</p> <p>Same — Harmless Error. Error in admitting evidence of changes made after an accident to an employee is not prejudicial where it was not capable of injuring the party complaining thereof.</p> <p>Master and Servant — Safe Place ■— Mines — Statutory Duty. The statute requiring mine owners to furnish sufficient timbers to protect employees from “caving in” of the mine applies to the falling of a “nigger-head” or boulder in a coal mine.</p> <p>Same — Injury to Servant — Cause of Death — Evidence—Sufficiency. There is sufficient evidence that the death of a miner was caused by the fall of nigger-heads in a coal mine, where a witness nearby heard the fall, and there were nigger-heads in the face of the coal and walls where deceased was working, and two or three of these were found near decedent’s body immediately after his death.</p> <p>Same — Assumption of Risks — Failure of Statutory Duty— Mines. The defense of assumption of risk by a coal miner of the danger in working with an insufficient number of timbers cannot be raised where the master has violated a statutory, duty to furnish sufficient timbers.</p>