Buckles v. Reynolds

Citations

• 58 Wash. 485
• 108 P. 1072
• 1910 Wash. LEXIS 960

Syllabus

<p>Appeal—Review—Harmless Error—Trial—Misconduct of Counsel. In an action for wrongful death, the remark of plaintiff’s counsel in his closing argument to the jury, that the only defense is the time-worn plea of contributory negligence which is always put forth in such cases, while unfair and not based upon the evidence, is not such a misstatement as to mislead the jury and require a new trial, especially where' the court instructed that it was .the duty of the jury to follow the rules of law laid down by the court.</p> <p>Witnesses—Cross-Examination—Discretion. Where the defendant had testified as to the rate of speed he had been in the habit of running his automobile, it is discretionary for the trial court to allow cross-examination as to the speed he had run on a specified occasion, for the purpose of testing his accuracy of recollection.</p> <p>Parties—Defect of Parties—Objection—Demurrer. In an action by a widow for the death of her husband, error cannot be predicated upon the overruling of a general demurrer for want of sufficient facts, on the theory that it did not appear that she was the sole party in interest under Rem. & Bal. Code, § 183, authorizing an action by the widow and children of the deceased; inasmuch as, under Id., §§ 259, 261, the objection to defect of parties must be by special demurrer or answer.</p>