Well v. Moran Bros.

Citations

• 55 Wash. 102
• 104 P. 172
• 1909 Wash. LEXIS 714

Syllabus

<p>Master and Servant — Contributory Negligence — Assumption op Risk — Choice op Ways. The rule that there can be no recovery by a servant who chose a dangerous way, when there was a safe one open to him, assumes that he had knowledge of the danger, and does not apply where there were two ways of ascending a turret in a battleship, both free from danger when the hoists were not in operation, and he, without warning, accidentally chose one, not knowing that it was in operation.</p> <p>Same — Evidence—Question por Jury. In such a case, where the plaintiff testified that he did not know the hoist was in operation, and that when operated it made such noise that any one could hear it, and he neither saw nor heard it, the question whether it was in operation when he started is for the jury. .</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $4,000 for injuries resulting in a fractured jaw, the loss of an ear, disfigurement, and impaired physical condition, is not excessive.</p>