Thoresen v. St. Paul & Tacoma Lumber Co.

Citations

• 73 Wash. 99
• 131 P. 645
• 1913 Wash. LEXIS 1562

Syllabus

<p>Negligence — Contributory Negligence — Question fob Jury. Tbe contributory negligence of a stevedore, loading lumber on a dock, and injured when a car ran off tbe track, is for tbe jury, where be was trying to prevent an accident by blocking tbe car, believing that persons or property would otherwise be injured, although, as tbe sequel proved, no barm would have resulted if be bad allowed tbe car to run to tbe end of tbe rails.</p> <p>Same — Contributory Negligence — Motive — Evidence — Admissibility. Upon an issue as to contributory negligence, tbe plaintiff may give direct evidence as to bis motive or purpose in acting under a sudden emergency.</p> <p>Same — Sufficiency of Evidence — Question fob Jury. Tbe credibility of plaintiff’s evidence as to bis motive or purposes in certain acts is for tbe jury.</p> <p>Same — Trial—Question for Court. In an action for personal injuries it is proper to withdraw from tbe jury tbe defense that plaintiffs injury wás due to the acts of fellow servants, where the omission of duty causing the accident was that of the defendant and plaintiff’s fellow servants owed him no duty with respect thereto.</p> <p>Same — Trial—Instructions. It is proper to refuse an instruction to the effect that there could be no recovery by plaintiff for personal injuries if he was apprised of the danger in time to have avoided it, where his right to recover was not tested by such fact, but depended upon whether he acted as a reasonably prudent person in endeavoring to save property after he was apprised of the danger.</p> <p>Same — Proximate Cause- — Concurring Negligence. Contributory negligence by third persons is not a defense to an action for negligently causing an injury to the plaintiff.</p> <p>Torts — Joint Tort Feasors — Separate Liability. It is optional to pursue a remedy against one of several joint tort feasors; hence a' judgment against one separately, instead of against all jointly, is not error of which the judgment debtor can complain.<