Smith v. Dow

Citations

• 43 Wash. 407
• 86 P. 555
• 1906 Wash. LEXIS 718

Syllabus

<p>Negligence — Elevator Shaft — Safety op Place — Contributory Negligence. An employee, working at tbe bottom of an' elevator shaft in a building in tbe course of construction, is not guilty of contributory negligence, as a matter of law, in working there while lumber was being hoisted in the shaft, when the shaft had been covered at the first floor to prevent the fall of lumber to the basement, a portion of which covering was removed on the morning of the accident, and where, at the time of the fall, he was working four or five feet without the shaft in a place ordinarily safe with nothing to indicate any danger.</p> <p>Same — Safe Appliances — Rope poe Hoisting — Question fob Juey. Whether there was negligence in the use of a rope for hoisting lumber in the construction of a building is a question for the jury, where the evidence was conflicting as to whether the knot used was reasonably safe, and some of the witnesses testified that the rope was stiff and unsuitable and others that it was pliable and safe.</p> <p>Same — Safe Appliances — Evidence — Admissibility — Appeal— Cueing Ebbob. In an action for negligence through -the use of an unsafe knot in tying packages of lumber for hoisting, it is not error to admit evidence as to the kind of knot used just previously to the one used on the package which fell; and if so, it was cured where it was subsequently shown that the same knot was used on all the packages.</p> <p>Evidence — Opinions—Expert as to Hoisting Lumber. Upon a question as to the proper method of tying packages of lumber to he .hoisted, it is proper to allow experts to express an opinion as to whether the method employed was safe.</p> <p>Damages — Excessive Verdict — Injury to Foot. A verdict for $1,600 for injuries to the foot, resulting in the loss of a toe and some ' impairment and pain, is excessive^ where the loss of time and expense did not exceed $400; and the same should be reduced to the sum of $1,000.</p> <p>Appeal — Record—Matters to Be Sh