Westby v. Washington Brick, Lime & Manufacturing Co.

Citations

• 40 Wash. 289
• 82 P. 271
• 1905 Wash. LEXIS 978

Syllabus

<p>Master and Servant — Negligence—Injury to Employee in Roller Crusher — Starting Machinery Without Warning — Verdict on Conflicting Evidence — Review. A verdict of a jury upon the question of the negligence of the defendant and the contributory negligence of the plaintiff, in a personal injury case, will not he disturbed where it appears that the plaintiff was injured in a roller crusher by the starting of machinery which he was oiling, by reason of the fact that no warning was given, and there was conflicting evidence upon the question as to whether the customary warning was given.</p> <p>Release and Discharge — Procured by Fraud — Verdict—Review. The release of a claim for personal injuries secured by fraud is no defense to an action for damages, and the appellate court will not weigh conflicting evidence as to such release where there was sufficient testimony of fraud, if uncontradicted, to sustain the verdict.</p> <p>Master and Servant — Negligence—Indemnity—Pact That Defendant Carries Accident Insurance — Interest of Witness — Misconduct of Counsel. It is prejudicial error in a personal injury case for the plaintiff’s counsel to continually ask questions with the evident intent to get before the jury the fact that the defendant carries accident insurance, and it is immaterial that the questions were asked for the purpose of impeaching the testimony of a witness.</p>