Bernhard v. Reeves

Citations

• 6 Wash. 424
• 33 P. 873
• 1893 Wash. LEXIS 314

Syllabus

<p>NEGLIGENCE — DEFECTIVE WATER CLOSET — PLEADING — INSTRUCTIONS — DISMISSAL OF ACTION.</p> <p>In an action for damages caused by the leakage of water from a water closet, where, under the pleadings, no question is raised as to the manner in which the plumbing had been originally done, nor as to the make or construction of the water closet, it is prejudicial error to charge the jury that, unless the best kind of closet known at the time was placed in the building by the defendant, the jury may from that fact alone find him guilty of negligence.</p> <p>Where, under all the evidence, it appears that the defendant was entitled to have the jury instructed to find a verdict in his favor, the supreme court will, on reversal of the judgment on appeal, direct a dismissal of the action.</p>