Tham v. J. T. Steeb Shipping Co.

Citations

• 39 Wash. 271
• 81 P. 711
• 1905 Wash. LEXIS 856

Syllabus

<p>Master and Servant—Negligence—Open and Obvious Dangers— Assumption or Risks. Where the dangers incident to the employment are alike open and obvious to the master and servant, the parties are upon an equality, and the master is not liable for an injury to the servant resulting therefrom.</p> <p>Appeal—Review—Error Favorable to Appellant—Trial—Instructions. The giving of an erroneous instruction, favorable to the appellant, is not prejudicial error although it conflicts with other correct instructions.</p> <p>Appeal—Review—New Trial—Errors of Law. The granting of a new trial solely for supposed error in an instruction, will be reversed on appeal for error of law' where the instruction was correct, no judicial discretion being involved.</p>