Conner v. Seattle, Renton & Southern Railway Co.

Citations

• 56 Wash. 310
• 105 P. 634
• 1909 Wash. LEXIS 894

Syllabus

<p>Evidence — Self-Serving Declaration — Conductor’s Accident Report — Carriers. A conductor’s written report of accident to a passenger, made at the time and soon thereafter given to the defendant, in compliance with its rules and custom, is inadmissible 'as it is a self-serving statement made in its own interest, and for the purpose of facilitating its defense.</p> <p>Appeal — Review —- Evidence — Trial — Motion for Nonsuit— Waiver. A motion for a nonsuit is waived by proceeding with the trial and introducing evidence, after which the sufficiency of the evidence is to be determined in the light. of all the evidence in the case.</p> <p>Carriers — Injury to Passenger — Passes—Question for Jury. In an action by a passenger for personal injuries, where there was a conflict in the evidence as to whether she was riding on a pass, waiving liability, and she testified positively that she was not and had paid her fare, the question is for the jury.</p>