Calhoun v. Portland Railway, Light & Power Co.

Citations

• 105 Wash. 592
• 178 P. 805
• 1919 Wash. LEXIS 613

Syllabus

<p>Carriers (108)—Passengers — Contributory Negligence — Instructions. In an action for personal injuries sustained by one injured while attempting to board a street car, it is not error to refuse a requested instruction to the effect that plaintiff could not recover if he was injured by attempting to board a moving car, and if such attempt was the proximate cause of the injury or contributed thereto, where other instructions clearly stated that the jury must find that the car had stopped when plaintiff attempted to board it, that being the only issue in the case.</p> <p>Appeal and Error (414)—Review—Verdict. Where, upon conflicting evidence, the trial court exercised its discretion and refused to set aside a verdict for insufficiency of the evidence, the ruling cannot be disturbed on appeal.</p> <p>Appeal (445)—Review—Misconduct of Counsel. Misconduct of counsel in asking the adverse party to introduce certain evidence had at a former trial is not ground for reversal where the court instructed the jury to disregard it.</p>