Stratton v. C. H. Nichols Lumber Co.

Citations

• 39 Wash. 323
• 81 P. 831
• 1905 Wash. LEXIS 866

Syllabus

<p>Master and Servant—Negligence—Indemnity—Pact That Defendant Carries Accident Insurance — Trial — Conduct of Attorney. It is reversible error for counsel to make statements and ask questions in tbe presence of tbe jury from wbicb it would be inferred that tbe defendant in a personal injury case carried casualty insurance, and to make an offer of proof that a witness was an attorney for the casualty company wbicb insured tbe defendant.</p> <p>Same—Conduct of Attorney—Statements Outside of Evidence. It is prejudicial error for counsel, during tbe examination of witnesses, to continually and notwithstanding repeated objections, interpolate statements of fact to such an extent that tbe jury might confuse the same with tbe evidence of tbe witnesses.</p> <p>Master and Servant—Negligence—Proximate Cause—Conjecture—Injury From Set Screw. Where a laborer in a mill is killed by reason of coming in contact with a set screw upon a revolving shaft, while executing an order to remove and tie back a belt from a pulley, and no one saw the accident or knew how he happened to come in contact with the set screw, a verdict for the plaintiff must be set aside; since no explanation of the accident can be made except by speculation, surmise, or guess.</p> <p>Same. It cannot be argued that it was necessary for him to stand upon the rack in order to reach and remove the belt which was tight, when it appears that the belt was loosened and already removed, and could be reached from below, and was tied on one side before the accident.</p> <p>Same — Two Methods, One Safe — Contributory Negligence. Where a laborer in a mill came in contact with a set screw upon a revolving shaft, while executing an order to remove a belt from a pulley and tie it back, by reason of standing on a nearby rack, and it appears that he might have executed the order without coming near the shaft, by standing upon benches below the belt, which method was perfectly safe, he is guilty of contributory negligence precludi