Stark v. Port Blakely Mill Co.

Citations

• 44 Wash. 309
• 87 P. 339
• 1906 Wash. LEXIS 831

Syllabus

<p>Removal of Causes — Action for Damages — Jurisdiction — Amount Claimed. In an action for damages the amount claimed in the complaint is the value in dispute, for the purposes of removal to the United States court; and it is not an abuse of discretion to allow an amendment to bring the allegations within the amount claimed in the complaint.</p> <p>Master and Servant — Negligence — Scope of Employment — Coupling Cars — Evidence—Sufficiency. There is sufficient evidence to make it a question for the jury whether a minor was to couple cars as a part of his duty, where it appears that his duties were to pull slack for the loaders and clean off the track, and had been told to “do anything that he saw to be done;” that he saw the cars needed coupling and previously coupled a car in the presence of the head loader.</p> <p>Same — Danger of Coupling Cars — Assumption of Risk. A boy seventeen years of age who was given no instructions as to the coupling of cars cannot be said to have assumed the risk of injury from having his hand caught, merely from the fact that he testified that he knew he would be injured if he held on to the link until the drawheads came together.</p>