South v. Seattle, Port Angeles & Western Railway Co.

Citations

• 99 Wash. 51
• 168 P. 896
• 1917 Wash. LEXIS 1015

Syllabus

<p>Appeal—Review—Discretion—New Trial. The denial of a motion for a new trial on account of the insufficiency of the evidence will not be disturbed on appeal except for clear abuse of discretion.</p> <p>Master and Servant—Injury to Servant — Negligence — Saee Place—Duty to Inspect—Evidence—Sufficiency. In an action by a locomotive fireman to recover for personal injuries sustained when piling in a trestle gave way under the weight of a locomotive, the jury’s finding of negligence in failing to inspect the piling is sustained where it appears that the piling was honeycombed with teredos, that the trestle had been constructed 19 or 20 months, the presence of teredos in the harbor was well known, and the defective condition of the piling was indicated by the fact that piling had disappeared, no inspection was made to discover the 'cause, and the condition of the piling could have been discovered by a reasonable inspection; notwithstanding evidence that an inspection of some of the piling had been made and the evidence of a witness that piling should last for a period of three years.</p>