Auditorium Theatre Co. v. Oregon-Washington Railroad

Citations

• 77 Wash. 277
• 1914 Wash. LEXIS 888

Syllabus

<p>Carriers — Op Goods — Contract op Carriage — Agreement as to Time — Evidence—Question por Jury. In an action for damages for failure to move a scenery car on time, whether there was a promise to move scheduled trains on time, is a question for the jury, where the plaintiff’s manager testified that he informed the defendant’s agent of the necessity of moving the car on time for an evening performance, and rather than take chances on the scheduled train being late, preferred to hire a special train, and was informed that the connecting train was a local train, made up at P. and would not be late, whereupon he paid for moving the car by the scheduled train.</p> <p>Evidence — Construction op Contract — Experts—Conclusion op Witness. In an action for breach of contract of carriage of a baggage car of a theatrical company, whether the original contract of carriage of the advance agent was merged in a subsequent contract made by the traveling manager, is a conclusion to be drawn by the jury; and it is therefore error to allow a witness, assuming to speak as an expert as to the powers of theatrical agents, to give his conclusion that there would be such a merger.</p> <p>Appeal — Review—Harmless Error. The admission of objectionable evidence that should have been stricken will not be held prejudicial, where the record fails to show any motion to strike.</p>