Woelflen v. Lewiston-Clarkston Co.

Citations

• 49 Wash. 405
• 95 P. 493
• 1908 Wash. LEXIS 595

Syllabus

<p>Appeal — Bond—Sufficiency. Upon appeals from the final judgment and from an order denying a new trial, only one bond on the appeal from the final judgment need be given.</p> <p>Same — Obligee. An appeal bond by defendants is sufficient without naming as obligee a codefendant dismissed from the action and not joined in the appeal.</p> <p>Same — Supersedeas—Amount. That an appeal and supersedeas bond is not large enough to cover interest accruing is not ground for dismissal of the appeal.</p> <p>Same. An appeal and supersedeas bond by defendants need not be large enough to cover the costs of a codefendant dismissed from the action and not joining in the appeal.</p> <p>Appeal — Parties—Notice—Statement of Facts — Service. A co-party dismissed from the action is not an adverse party upon whom service of notice of appeal, or of the statement of facts, need be made.</p> <p>Master and Servant — Injuries to Servant — Contributory Negligence — Safe Place — Lights — Duty to Discover Danger- — Vice Principals. An experienced electrician, who received a shock from highly charged wires while superintending the removal of a burned out transformer in a power house, is guilty of contributory negligence, as a matter of law, where it appears from his testimony that he went upon a cross-arm four or five feet below the ceiling, that he was standing over three high tension wires known to him to be carrying a heavy load, and from which there were small wires or lightning arresters leading through the roof which were commonly found in all power houses, that he came in contact with the small wires, and that it was too dark in that place for him to see the small wires; since it was recklessness to go into a dark place where he knew there were dangerous wires and might he others, there being no direction or necessity that he do so, and since he was in charge as a vice principal and was bound to see to the safety of the place.</p>