Shoemaker v. Bryant Lumber & Shingle Mill Co.

Citations

• 27 Wash. 637
• 68 P. 380
• 1902 Wash. LEXIS 433

Syllabus

<p>MASTER AND SERVANT-INJURY TO SERVANT-DEFECTIVE MACHINERY -ASSUMPTION OF RISK-OBVIOUS DANGER.</p> <p>An employee cannot be deemed to have assumed the risk of defective machinery, from the mere fact of knowledge of the defect, when such knowledge would not warn him of the danger that was likely to result therefrom.</p> <p>SAME-DUTY OF MASTER TO WARN.</p> <p>The failure of the master to warn the servant of the dangers incident to defective machinery, when the servant could not, by the exercise of reasonable diligence, know such dangers, constitutes negligence on the master’s part.</p> <p>SAME-SUFFICIENCY OF EVIDENCE.</p> <p>Where the evidence shows that a conveyor of bolts in a shingle mill had broken lugs for holding the bolts, which some-, times allowed them to fall, that the perfect lugs never allowed the bolts to fall, and that the knee bolter placed a bolt upon a broken lug in the conveyor just before a bolt fell, the evidence is sufficient to establish that the bolt dropped back on account .of such broken lug, although no one saw it start to fall.</p> <p>WITNESSES — CROSS-EXAMINATION-CREDIBILITY.</p> <p>Where a witness for defendant company in a personal injury case has on cross-examination testified that he was an officer and stockholder in the defendant company and would have to pay his proportion of whatever judgment was rendered against his company, it was not error to permit further cross-examination as to whether, if judgment were recovered against his company, some •other company would have to pay the judgment, since such ex.amination was permissible for the purpose of affecting his credibility.</p> <p>■TRIAL-COMMENT ON EVIDENCE-NECESSITY OE OBJECTIONS.</p> <p>Error of the court in'commenting on the testimony during the trial, when unobjected to, cannot be urged as error after the verdict.</p> <p>APPEAL-ERRORS NOT SHOWN IN RECORD.</p> <p>Improper argument of counsel cannot be urged on appeal, when there is nothing in the record showing the impropriety.<