22 Wash. 369 | Wash. | 1900
The respondent brought this action to recover from the appellants the value of a certain fishing outfit, consisting of a scow, two skiffs, a seine, and other apparatus, which she alleges the appellants lost through their carelessness and negligence while towing the same from Seattle to the fishing grounds near San Juan Islands, under a contract of hire. The appellants admit that the outfit was lost while they were towing it, but deny that there was any contract between themselves and the respondent by which they agreed to tow the outfit between the points designated, and allege affirmatively that when towing their own fishing outfits between these points they permitted the respondent, at her special request, to tie on to their tow line, and that the loss of the respondent’s fishing outfit was the direct result of the negligence of respondent and her employees, and was through no fault of the appellants.
At the close of respondent’s case the appellants moved for a non-suit on the ground that the evidence failed to show any negligence on their part, which motion the court overruled, and this ruling constitutes the first error assigned. It would serve no useful purpose to discuss the testimony. A careful examination of the record, however, has convinced us that there was a substantial dispute upon all of the material issues of fact involved, and, the jury having found for the respondent, their verdict should not be disturbed.
On the question of the contributory negligence of the respondent and her employees, the court charged the jury to the effect that the employees of respondent were required to use such care as ordinarily prudent fishermen generally use under circumstances entirely similar to those surrounding the employees at the time the outfit was lost. It is objected to this that the court should have used the
The charge of the court fully and fairly stated the law of the case, and his refusal to give the charges requested by the appellants was not error.
The judgment is affirmed.