Steeples v. Panel & Folding Box Co.

Citations

• 33 Wash. 359
• 74 P. 475
• 1903 Wash. LEXIS 529

Syllabus

<p>Appeal—Review—Harmless Error. Error in striking evidence is harmless where a verdict must be directed in any event on account of plaintiff’s contributory negligence.</p> <p>Master and Servant—Contributory Negligence—Cross-Examination oe Plaintive as to Knowledge of Danger. In an action for personal injuries received by falling from an unguarded platform, the plaintiff may be required on cross-examination to testify that he did not look to see if there were guards, as bearing upon the carefulness of his conduct.</p> <p>Negligence—Unguarded Platform—Assumption of Risk— Contributory Negligence—When Matter of Law—Nonsuit. A night watchman who falls from a second story eight foot platform assumes the risk from lack of a railing or is guilty of contributory negligence as a matter of law, where he had worked about the premises for two months, had been on the platform on two other occasions, and had worked thereon for two hours just previous to the accident, and after picking up a lantern fell in turning around without bringing the light to bear, it being a part of his duty to prepare all the light that was necessary.</p> <p>Same—Lack oe Knowledge—Evidence. The testimony of the plaintiff that he did not know that there was no guardrail is of no avail where it was his duty to make an examination that would have informed him.</p>