Woods v. Globe Navigation Co.

Citations

• 40 Wash. 376
• 82 P. 401
• 1905 Wash. LEXIS 987

Syllabus

<p>Master and Servant — Negligence—Fellow Servants — Master of Ship and Seaman. The master of a ship is not a fellow servant with an ordinary seaman obeying his orders in the work of nagivating the ship.</p> <p>Master and Servant — Negligence—Injury to Seaman — Duty to Warn of Change of Course of Ship — Question for Jury. In an action for personal injuries sustained by a seaman in the navigation of a ship at sea the question of the negligence of the defendant is for the jury, where there was conflicting evidence as to whether it was the duty of the master of the ship to give the seaman warning of an order for the change of course of the ship whereby, as claimed, the seaman might have protected himself from injury.</p> <p>New Trial — Surprise—Diligence. A new trial on the grounds of surprise from the absence of a witness or from unexpected testimony will be denied unless the claim is promptly made and a continuance asked.</p>