Uren v. Golden Tunnel Mining Co.

Citations

• 24 Wash. 261
• 64 P. 174
• 1901 Wash. LEXIS 527

Syllabus

<p>NEGLIGENCE-EVIDENCE ADMISSIBLE UNDER GENERAL ALLEGATION. .Where the complaint in an action to recover for personal injuries contains- a general allegation of negligence, any fact tending to contribute approximately to the injury is admissible in evidence thereunder.</p> <p>APPEAL —• SUFFICIENCY OF EVIDENCE.</p> <p>The verdict of the jury will not be disturbed upon a disputed question of fact, where the evidence is conflicting.</p> <p>MASTER AND SERVANT — FELLOW-SERVANTS — SEPARATE EMPLOYMENT UNDER COMMON MASTER.</p> <p>The fact that two men. were working for the same mining company would not make them fellow servants, when they were employed in separate tunnels under different superintendents, where no supervision of each other’s work was possible and no opportunity afforded to use precautions against each other’s negligence.</p> <p>SAME — ASSUMPTION OF RISKS.</p> <p>The rule that an employee cannot recover for an injury received from a danger which is naturally and necessarily incident to work he is hired to do, and which is apparent to a reasonably prudent man, is not applicable to a case where a miner working on a tunnel of defendant in a narrow gulch, some eight hundred feet below another tunnel operated by defendant, is injured by a rock thrown from the upper tunnel, when it had not been customary to roll them down that particular gulch, and they could have been disposed of by throwing them down another gulch, where no work was going on.</p> <p>APPEAL'-ERRORS NOT URGED BELOW-ADMISSION OF EVIDENCE.</p> <p>Where evidence as to the incompetency of a mine superintendent was admitted without objection, in an action against the company for injuries resulting from his negligence, and the defendant tried its cause on that issue, it cannot urge on appeal that the court erred in submitting the question to the jury.</p> <p>EXCESSIVE DAMAGES.</p> <p>In an action for personal injuries a verdict for $8,500 cannot be said to be so excessive as to indicate passion and preju