Wharton v. Tacoma Fir Door Co.

Citations

• 58 Wash. 124
• 107 P. 1057
• 1910 Wash. LEXIS 905

Syllabus

<p>Witnesses—Impeachment. In an action by an experienced rip sawyer to recover for injuries sustained by reason of a defect in the saw of which he had no notice, after the mill superintendent had testified on cross-examination that he would not put a green hand to work upon a ripsaw without instructions, it is not competent to impeach the witness in this respect, as the matter is collateral to the issue and the party is concluded by the answer of the witness.</p> <p>Master and Servant—Actions—Contributory Negligence—Instructions. In an action by one representing himself as an experienced rip sawyer, to recover for injuries sustained by reason of a defect in the saw of which he had no notice, it is error for the court in instructing as to contributory negligence to make the same rest upon plaintiff’s knowledge and experience in operating machines of the same kind, since his competency was not a matter in issue.</p> <p>Trial—Instructions. It is not error to refuse instructions covered by the general charge.</p>