Starck v. Washington Union Coal Co.

Citations

• 61 Wash. 213
• 112 P. 235

Syllabus

<p>Master and Servant — Safe Place — Coal Mine — Assumption of Risks — Contributory Negligence. An experienced coal miner, part of whose duty it was to put props under the overhanging coal, has a right to rely on the assurance of the foreman, made after examination in the miner’s presence, that the place was safe, and does not assume the risk and is not guilty of contributory negligence in so doing.</p> <p>Same. Merely working in a dangerous place, the risk of which is not assumed by the servant, is not contributory negligence.</p> <p>Same- — Negligence—Evidence—Admissibility. Upon an issue as to whether sufficient props were furnished a miner in a coal mine, it is proper to exclude evidence as to trouble in compelling other miners to put up props.</p> <p>Master and Servant — Actions—Precedent Claim — Materiality —Trial'—Objection. In an action for injuries sustained in a coal mine, it is not material that no claim was made by plaintiff before suit commenced, during some four months after the accident, there being no attempt to show the purpose of such evidence, claimed on appeal to be relevant as showing false testimony by the plaintiff at the coroner’s inquest.</p> <p>Master and Servant- — -Negligence — Coal Mine — Instructions. The use of the words “any negligence,” in an instruction relating to negligence in furnishing props in a coal mine, is not to be construed as relating to any other negligence not mentioned in the pleadings, where from the context the jury could not have been misled.</p> <p>Damages- — -Personal Injuries — Excessive Verdict. A verdict for $20,000 for personal injuries sustained by a coal miner, thirty-seven years of age, is not excessive, where he had a wife and five children to support, and according to the expert witnesses he was left -a broken and disjointed wreck, with no hope o'f recovery and only suffering and embarrassments to look forward to.</p>