Wells v. Ferry-Baker Lumber Co.
Citations
- 57 Wash. 658
- 107 P. 869
- 1910 Wash. LEXIS 814
Syllabus
<p>Master and Servant — Selection of Physician for Employee — • Liability of Master. Where an employer withholds one dollar a month from the wages of employees and pays the same to a physician or surgeon selected by the employer to attend injured employees, he only owes the duty to use reasonable care in the selection of a competent surgeon, and is not liable for the negligence of the surgeon.</p> <p>Physicians and Surgeons — Negligence—Reasonable Care — Use of X Ray. The evidence fails to show negligence of a physician in diagnosing a broken wrist as a sprain, where the fracture could only have been discovered by an X ray photograph, which is used only as a matter of extreme care, and many physicians practice without any X ray machine.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that venue in criminal cases is jurisdictional and may be raised for the first time on appeal
- adding that these statements are nonhearsay if used to show the effect on the listener
- analyzing defendant’s prior conviction used as an aggravating factor to determine if the conviction was for a violent felony
- “[V]enue in criminal cases may be raised for the first time on direct appeal . . . .”
- “This Court has held that ‘[s]pecific instructions on non-statutory circumstances need not be given, so long as a “catch-all” instruction is included that instructs the jury that they may consider any factors that they may deem mitigating in th[eir] deliberations.’ ”
- “The jury determines the weight and credibility to give witness testimony and other evidence. This Court may not pass upon the credibility of witnesses and, where the evidence justifies a verdict, it must be accepted as having been found worthy of 15 belief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gose
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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