Bennett v. Seattle Electric Co.

Citations

• 56 Wash. 407
• 105 P. 825
• 1909 Wash. LEXIS 913

Syllabus

<p>Appeal — Decision—Law of Case. A decision on a former appeal that certain evidence raised a mixed question of law and fact 'is conclusive on a second appeal.</p> <p>Appeal — Review—Verdict. A verdict on conflicting evidence will not be set aside on appeal although a different conclusion would have been reached by the appellate court.</p> <p>Carriers — Drunken Passenger — Contributory Negligence. A carrier having accepted a passenger who was unable to care for himself by reason of intoxication, his duty to care for his own safety should be measured by his condition as to -sobriety, as a corollary of the rule that the company owed him a duty commensurate with his condition (Chadwick and Morris, JJ., dissenting).</p> <p>Witnesses — Reputation—Appeal—Harmless Error. It is not prejudicial error to allow a witness to preface his testimony with the statement that he was a deputy county assessor, in that good reputation cannot be shown until the same is attacked, as it only incidentally touched his reputation.</p> <p>Trial — Misconduct of Counsel — Appeal—Harmless Error. It is not ground for reversal that on examining a photograph, counsel made a statement outside of the record that “timbers have been put on since.”</p> <p>Carriers • — • Negligence — Setting Down Passengers — Instructions. In an action for negligence of a carrier in putting off an intoxicated passenger at a dangerous place, it is applicable and proper to instruct that the carrier owed to its passengers the highest degree of care and prudence practicably consistent with the operation of its road and letting them on and off its cars.</p> <p>Costs — Attorney’s Pees. Upon the second successful jury trial of a case, after a reversal on appeal, the plaintiff is entitled to tax but one statutory attorney’s fee, under Bal. Code, § 5172, which has reference only to the final judgment in the case.</p>