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Campbell v. Jones

Citations

  • 73 Wash. 688
  • 132 P. 635
  • 1913 Wash. LEXIS 1661

Syllabus

<p>Tbial — Verdict—Special Eotdotos — Inconsistency. In an action for personal injuries caused by the negligence of defendant’s foreman in causing a rock to roll down a steep hillside, a special finding that the foreman’s stepping on the rock and causing it to roll was “purely accidental” is not so inconsistent with a general verdict for plaintiff as to control the judgment; since such inconsistency must be clear, and the definition of “accident” does not necessarily negative negligence; especially where the finding is largely a conclusion not necessarily called for by other special findings.</p>

Judges: Parker

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