Eddy v. Spelger & Hurlbut, Inc.

Citations

• 117 Wash. 632
• 201 P. 898
• 1921 Wash. LEXIS 890

Syllabus

<p>New Trial (22) — Grounds—Verdict Contrary to Evidence. A new trial was properly denied in an action for personal injuries, where there was evidence supporting plaintiff’s theory of the case, although the eye-witnesses to the accident were few and the physical facts preponderate strongly in defendant’s favor.</p> <p>Evidence (197) — Opinion Evidence — Bodily Appearance or Condition. In an action to recover damages for being run into by a motor truck, it is error to allow a doctor, who had examined plaintiff after the accident, to testify she had been first struck at a discolored place on her back, where the evidence shows there were a number of other discolorations and bruises upon the body.</p> <p>Trial (93) — Instructions—Application to Case — Pleading and Proof. Where the acts of negligence charged in the complaint in an action for damages by a pedestrian struck by a motor truck were that the vehicle was operated at excessive speed and without giving warning, it was error for the trial court in its instruction to inject the issue of insufficient brakes, where it was nowhere raised in the pleadings or proof.</p> <p>Municipal Corporations (380, 392) — Streets—Collision With Auto Truck — Violation of Ordinance — Instructions. Where an action for damages was based on the negligence of defendant in striking with a motor truck a pedestrian in the street who had alighted from a street car, it was not error for the court to refuse an instruction based on a city ordinance prohibiting pedestrians from stepping into a street at a point between street intersections.</p> <p>Same (381, 390) — Collision—Violation of Ordinance — Rate of Speed — Question for Jury. The refusal of the court to take the issue of speed of a motor vehicle from the jury in a damage case was not error, where there was evidence that the rate of speed violated both a city ordinance limiting speed at street crossings and also a state statute (Laws 1915, p. 394, § 23) prohibiting the driving of a motor ca