Duteau v. Seattle Electric Co.

Citations

• 45 Wash. 418
• 88 P. 755
• 1907 Wash. LEXIS 482

Syllabus

<p>Street Railways — Persons on Track — Duty oe Motorman — Instructions. It is proper to instruct that when a street car motorman sees a man ahead in the street under no disability, he may assume that the other will exercise due care for his own safety, and it is not necessary for him to stop the car until he sees that the other is in apparent danger.</p> <p>Same — Contributory Negligence — Instructions. In instructions defining the contributory negligence of a person struck by a street car, it is not necessary to embody the doctrine of the “last clear chance,” where the instructions were correct as far as they went, and no request therefor was made.</p> <p>Appeal — Assignment op Error. An assignment of error that the court failed to charge the jury on the law of the case is too general to raise any question on appeal.</p> <p>Appeal — Review—Instructions—Failure to Request. Although Bal. Code, § 4993, requires the court to charge the jury on the law of the case, the scope and general nature of the charge is left to the discretion of the court, which will not he reviewed on appeal for non direction or failure to submit any particular proposition, in the absence of proper requests therefor and exceptions to the refusal thereof.</p>