Brown v. City of Blaine

Citations

• 41 Wash. 287
• 83 P. 310
• 1906 Wash. LEXIS 955

Syllabus

<p>Trial — Setting Cause for Trial — Discretion—Request for Continuance. The action of the trial court in setting a cause for trial on a certain day will not be reviewed in the absence of an abuse of discretion, or any application for a continuance.</p> <p>Appeal — Review—Harmless Error — Damages—Special Verdict. In an action for damages for personal injuries, error in admitting immaterial evidence as to an item of damage is harmless where a special verdict was rendered and the damages for such item were eliminated and deducted from the judgment.</p> <p>Same — Physicians Services — Evidence of Value by Amount Paid — Admissibility. In an action for damages for personal injuries, the evidence of the amount paid to a physician for medical attendance is some evidence of the reasonable value of the services, and its admission is therefore not ground for a reversal.</p> <p>Same — Health Prior to Injury — Evidence—Admissibility. In an action for damages for personal injuries, evidence of the physical condition of the plaintiff prior to the accident is admissible.</p> <p>Appeal — Review — Evidence of Matters Admitted — Harmless Error. In an action for personal injuries sustained in a fall upon a defective sidewalk, it is not prejudicial error to allow a witness to testify to the hoards being loose, although the same was immaterial.</p> <p>Damages — Permanent Injuries — Evidence—Mortuary Tables— Admissibility. In an action for damages for personal injuries, where there was evidence that the injury was permanent, mortuary tables showing the plaintiff’s expectancy of life are admissible.</p> <p>Municipal Corporations • — ■ Negligence — Streets — Condition of Walk Prior to Injury — Admissibility—Complaint—Sufficiency. In an action for personal injuries sustained through a defect in a sidewalk, the allegation iu the complaint that the city carelessly neglected to nail down the planks knowing of the unsafe condition of the walk, is sufficient to authorize evidence of constructive