117 P. 700 | Utah | 1911
Frank B. Harris, a minor, who will hereinafter be called respondent, commenced this action by bis guardian ad litem to recover for personal injuries alleged to have been sustained by him through the negligence of appellant.
The complaint, after stating that the respondent is a minor of the age of seventeen years, that a guardian had been appointed for him, and after alleging the corporate capacity and business, of appellant, proceeds as follows: “That on the 10th day of May, 1909, plaintiff was employed by the defendant to work in its laundry, in what is known as its dry cleaning department.’ That said department consists of a room about ten feet square and seven and onedialf feet high, and in said room there are two revolving washing machines and one revolving extractor. That clothes are cleaned by putting them in said wasMng machines, which contain about seventy (70) gallons of gasoline. Then, after the clothes are washed, they are taken from the washing machine and placed in the extractor for drying. That said extractor when in use makes about nine hundred (900) revolutions a minute. That when said washing machine and extractor are in use, gaseous fumes arise from the gasoline, then and there being used, in such quantities as to cause dizziness, sickness, and unconsciousness to a person working in said room. That on the afternoon of the 11th day of May, 1909, being the afternoon
Appellant in its answer admitted the allegations respecting the minority of respondent and its own corporate capacity, admitted that respondent was employed by it to work in its laundry in the-dry cleaning department, admitted that respondent “was injured by permitting his right arm to- be caught in the extractor, whereby it became necessary to amputate the same, . . . 'admits that this defendant did
Upon substantially tbe foregoing issues there was a trial to a jury, which resulted in a verdict in favor of respondent. Judgment was duly entered upon tbe verdict, and, after denial of a motion for a new trial, appellant presents tbe record on appeal:
Tbe assignments of error are numerous, but counsel in bis brief and argument' has grouped them under four beads designated by tbe capital letters A. B. C. and D. We shall, as briefly as possible, examine tbe errors as grouped by counsel.
Tbe errors embraced in group A are stated by counsel in bis brief thus: “Tbe court erred in permitting witnesses for tbe plaintiff to testify as to their knowledge of tbe effects of gasoline fumes acquired by personal experience and observation of others.” Over appellant’s objections, witnesses were permitted to testify substantially as follows: Mr. Sumner, a witness for respondent, in effect testified that be bad been in tbe business of cleaning, with gasoline for about
There was some direct evidence before the jury that the person in charge of appellant’s laundry business had knowledge of the effects of gasoline fumes, and that he possessed such knowledge before respondent was employed and before the accident occurred. If the jury believed
In view of the other issue mentioned, we are of the opinion that the admission of the testimony respecting
The question still remains,-Was that the only method by which the effects that gasoline fumes have upon persons can be proved ? If there were witnesses who had seen and observed the effects of such fumes upon themselves
It is a presumption of law of universal application that individuals of both sexes are presumed normal so far at least as natural functions of the body or organs are concerned until the contrary is made to appear. If, therefore, certain gases or fumes emanating from any liquid or other substance, when coming in contact with a person, have certain effects upon the brain or other organs of the
The next is group B, and this group is covered by counsel in the following language: “The court erred in admitting the testimony of the witness Harms as to the properties of gasoline and the effects of inhaling its vapors upon the human system.” This witness was an experienced chemist and legally qualified to testify .as an expert in chemistry. He was asked whether from his experience and study he could tell what the effects of gasoline fumes were upon the human system. He answered: “The primary effects are a slight headache, then followed by a sense of dizziness, and that is followed usually by numbness, a gradual loss of senses, and, of course, as the stage progresses, a weakness and complete loss of senses; in other words, a person becomes insensible. Hp to this point is my own personal experience, in my work with gasoline, of which I do a great deal for the Oregon Short Line Hailway, and testing gasoline, and also in other work in my laboratory.” The substance of the objection to this testimony is that the effect testified 1» by the witness is limited to himself, and does not, as it should, give what effect, if any, gasoline fumes have -upon persons generally: This is no doubt true; but if we are right with respect to what we have said upon the preceding group of errors, then this group must follow the preceding one.
The mere fact that the witness might perhaps have given his opinion of the properties of gasoline and have given the effect of its fumes upon a, normal human being when coming in contact with such fumes did not, for the reasons we have given, disqualify him from stating what the effects of the fumes were upon him.
The next in order is group C. This group, however, is not argued, except in connection with group D, which, giving it in counsel’s own language, is as follows: “The court erred in refusing to direct a verdict for the defendant and in over
Counsel recognizes the law of this jurisdiction that, where there is any substantial evidence in support of every essential fact which is necessary to be established to entitle a recovery, we are powerless to interfere, although in our judgment, if we passed on the facts, the verdict should
This we cannot do. We cannot interfere in cases that are doubtful with regard to the facts any more than we can in cases that are clear upon the facts. The test is as to whether there is any substantial evidence upon every material issue which must be established in order to authorize a recovery. If there is, we, like the losing party in the
There being no abuse of discretion therefore, and no errors of law, but one result is permissible, and that is, that the judgment should be affirmed. It is so ordered. Costs to respondent.