Rosin v. Danaher Lumber Co.

Citations

• 63 Wash. 430
• 115 P. 833
• 1911 Wash. LEXIS 1221

Syllabus

<p>Master and Servant — Negligence—Presumption from Accident —Sufficient Number of Servants. The fact that a workman was injured while assisting to lower a heavy door, and the accident would not have happened if there had been more men, is not sufficient to establish negligence on the part of the master; since he is only required to exercise ordinary care in furnishing sufficient men for the work.</p> <p>Same — Instructions. In an action by a workman injured while', assisting to lower a heavy door, through the alleged insufficiency in the number of men handling it, it is error to instruct the jury that the defendant would be liable if he did not furnish sufficient men to handle the door with reasonable safety; since he is not an insurer and need only exercise ordinary care in estimating the number of men required.</p> <p>Trial — Instructions — Curing Error by Other Instructions. Where the issue on defendant’s negligence was whether he had furnished sufficient men to handle a door, the error in a concrete instruction that he was negligent if he did not furnish sufficient men to handle it with reasonable safety is not cured by a later abstract instruction in the most general terms as to the rule for determining the negligence of either party by reference to the conduct of ordinarily prudent men.</p> <p>Dunbar, C. J., dissenting.</p>