Passage v. Stimson Mill Co.

Citations

• 52 Wash. 661
• 101 P. 239
• 1909 Wash. LEXIS 1173

Syllabus

<p>Master and Servant — Defective Appliance — Description—Evidence — Remoteness. In an action for personal injuries caused through the negligent adjustment of a pump, a description of the conditions five years before the accident is not inadmissible as too remote, where other evidence indicated that it was in the same general condition at the time of the accident, and the record on appeal fails to show that there was any material difference at the different times; the determination of the matter of remoteness being largely discretionary.</p> <p>Trial — Misconduct of Counsel — Master and Servant — Questions Showing Insurance Against Accidents. In an action for personal injuries sustained by an employee on a tug boat, it is not such misconduct as to warrant a reversal, for plaintiff’s counsel to ask questions tending to show that defendant carried insurance with an insurance company allowing half pay in case of accident to employees, where it was inferable that accident insurance was carried not depending upon defendant’s negligence, and where the court instructed the jury that the statements of counsel were not evidence and were not to be considered.</p> <p>Appeal — Review—Evidence. A verdict supported by evidence, although conflicting, will not be set aside on appeal.</p> <p>Master and Servant — Contributory Negligence — Known Dangers — Momentary Forgetfulness. The rule that momentary forgetfulness of known dangers does not necessarily constitute contributory negligence by a servant, applies (with due regard to the circumstances) to machinery and appliances with which or upon which the servant is working, especially in case of an inexperienced or youthful employee obeying an order to hurry.</p> <p>Damages — Measure—Future Suffering and Earning Capacity. Where an accident resulted in the loss of a finger, with suffering and weakness at the time of the trial, it is proper to instruct the jury that they may take into consideration the probable future suffering and loss