Crowl v. West Coast Steel Co.

Citations

• 109 Wash. 426
• 186 P. 866
• 1920 Wash. LEXIS 897

Syllabus

<p>Appeal (406)—Review—Discretion—Granting New Trial. Tbe granting oí a new trial solely on tbe ground of error of law committed by tbe trial court is not a matter of discretion, and will be reviewed on appeal.</p> <p>Same (406). It cannot be said that the court granted a new trial on discretionary grounds, as might be inferred from the order alone, where it appears that the court in a memorandum decision stated that it was granted for error in an instruction.</p> <p>■ Trial (45-1)—Argument' op Counsel—Special Interrogatories. Where special interrogatories are submitted under Rem. Code, § 341, counsel have a right to argue them to the jury.</p> <p>Appeal (108)—Preservation op Grounds—Necessity. Error cannot be claimed in the submission of special interrogatories without any opportunity to argue them to the jury, where the record fails to show any request for such permission.</p> <p>Appeal (445)—Review — Harmless Error — Restricting Argument. Error in depriving counsel of an opportunity to argue special intérrogatories submitted to the jury is not prejudicial where the answer to them did not add to or subtract from the general verdict rendered.</p> <p>Municipal Corporations (392)—Crossings—Contributory Negligence—Instructions. In an action for personal injuries sustained by a pedestrian struck by an automobile, in the absence of statute it would be error to instruct that at other places than at crossings pedestrians must keep a continuous lookout for danger, since the question of negligence is ordinarily one for the jury; but under an ordinance providing that a pedestrian shall cross streets only at crossings and shall there have the right of way over vehicles, which must travel at reduced speed, such an instruction is not error that would entitle plaintiff to a new trial.</p> <p>Same (380, 391)—-Use op Streets—Violation op Ordinance—Contributory Negligence. A pedestrian crossing a street at a place other than a street intersection in direct violation of a city ordin