Carlson v. Herbert

Citations

• 118 Wash. 82
• 203 P. 30
• 1921 Wash. LEXIS 942

Syllabus

<p>Appeal (414) — Review—Verdict. The verdict of the jury upon conflicting evidence is conclusive on appeal upon all questions properly submitted to the jury.</p> <p>Municipal Corporations (383, 391) — Use of Streets- — Contributory Negligence — Question for Jury. Whether a pedestrian, acting under emergency in seeking to avoid being run over by an automobile, acts as an ordinarily prudent man would under the circumstances, is a question of fact for the jury.</p> <p>Same (392) — Use of Streets — Instructions. In actions by a mother and a minor child for personal injuries inflicted by defendant, a requested instruction that if the child was in the custody of the mother at the time, and that the accident and resulting injury to the child was the result of the mother’s negligence the child could not recover, if conceded to be the law, was properly refused where the evidence showed the negligence of defendant, without contributory negligence on the part of either plaintiff.</p> <p>Trial (35, 38)- — Sufficiency of Objections — Motion to Strike. In an action for personal injuries inflicted on a pedestrian by an automobile, a statement, volunteered by an expert witness on speed, that an automobile could probably be stopped on a slippery street within thirty feet if it had chains on the ear, even if not responsive to the question, was not erroneous in the absence of a motion to strike.</p> <p>Municipal Corporations (388) — Use of Streets — Actions — Admissibility of Evidence. Where an automobile operator was charged by a complaint in an action for personal injuries with negligently driving his car at a dangerous and unlawful rate of speed, it was not error to admit testimony by a witness qualified as an expert on speed and on stopping cars under varying conditions, that defendant’s car could have been stopped within thirty feet if there had been chains on his wheels.</p> <p>Same (392) — Use of Streets — Actions—Instructions. In an action for personal injuries suffered as th