Sjong v. Occidental Fish Co.

Citations

• 78 Wash. 4
• 138 P. 313
• 1914 Wash. LEXIS 971

Syllabus

<p>Appeal — Review—Pleadings—Amendments Considered Made. In the absence of a claim of surprise, the defendant having presented all its evidence on the real issue, error cannot be predicated on allowing proof of negligent acts outside of the allegations of the complaint, since the appellate court must, under Rem.. & Bal. Code, § 1752, consider all amendments made that could have been made.</p> <p>Master and Servant — Injury to Servant — Methods oe Work— Contributory Negligence — Question eor Jury. The contributory negligence of plaintiff, assigned to the duty of keeping a block clear of a hatch combing, in taking hold of both of the lines running into and out of the block, whereby one of his hands was suddenly drawn into the block, is a question for the jury, where he testified that he handled it as directed.</p> <p>Same — Injury to Servant — Actions—Instructions. In an action for injuries to a servant, in which the complaint was general and did not detail the specific acts upon which the plaintiff chiefly relied, it is error to refuse to define what specific acts were necessary to be proved, and to merely instruct that the jury should find for the plaintiff if he was injured by the negligent acts of the defendant as alleged in the complaint and if the material allegations of the complaint were proved by a fair preponderance of the evidence.</p>