Prior v. Eggert

Citations

• 39 Wash. 481
• 81 P. 929
• 1905 Wash. LEXIS 886

Syllabus

<p>Master and Servant—Negligence—Defective Saw—Evidence— Sufficiency. There is sufficient evidence to sustain a finding of defendant’s negligence where it appeared that the trim saw which plaintiff operated wobbled at times, and long prior to the accident had been warped, buckled, and otherwise injured, and was dangerous to use, and complaint had been made thereof.</p> <p>Same — Contributory Negligence — Burden of Proof — Instructions. A charge that the defense of contributory negligence must be proved by defendant, by a preponderance of the evidence, is not objectionable as charging that it must be proved by defendant’s evidence.</p> <p>Same—Damages—Injury Causing Loss of Time—No Evidence of Value of Time—Instructions—Necessity of Request. A charge allowing damages for loss of time during a disability occasioned by the loss of a thumb, where the evidence showed incapacity to work for six weeks, but did not show the value of plaintiff’s time, is not prejudicial error, where it appeared that the plaintiff was capable of and had been operating a trim saw for a living, especially in the absence of any request for different instructions.</p> <p>Damages—Excessive. A verdict for $830 damages for the loss of a thumb, cut off at the first joint, and for six weeks loss of time, is not excessive.</p>