Denham v. Washington Water Power Co.

Citations

• 38 Wash. 354
• 80 P. 546
• 1905 Wash. LEXIS 1175

Syllabus

<p>Jtjroes—Prejudice Against Personal Injury Cases—Challenge for Cause. A juryman in an action for personal injuries is not subject to challenge for cause because he states that ha has a prejudice against that class of cases, which it might take ■evidence to remove, where his answers show that he is frank and fair, knew nothing of the case, and would try the case upon the evidence, disregarding any feelings or prejudice he might have against that class of cases.</p> <p>Carriers—Degree of Duty to Passengers—Instructions—Requests. In an action against a common carrier, where the instructions to the jury defined defendant’s duty to passengers as a “high degree” of care, it is not error to refuse a request to instruct that the defendant owed the “highest degree of care,” since the request for more definite and specific instructions was lacking in proper qualifications respecting the practical operation of the business.</p> <p>Appeal and Error—Review—Harmless Error in Instructions —Evidence Insufficient. Error in giving or refusing instructions is harmless where the verdict was for the defendant, and the evidence was not sufficient to have warranted a verdict for the plaintiff.</p>