Eggleston v. City of Seattle

Citations

• 33 Wash. 671
• 74 P. 806
• 1903 Wash. LEXIS 569

Syllabus

<p>Negligence — Damages — Physician’s Services — Failure to Prove Amount Paid—Instructions. In an action for personal injuries where no specific sum is claimed as damages on account of the employment of certain physicians, who treated plaintiff for serious injuries, and no evidence was introduced as to the value of such services extending over a considerable period, an instruction that the jury are not to consider any damages of this character, “unless there is evidence in the case . . . that such damages were sustained . . . and had a reasonable value,” is not erroneous as assuming that there was any such evidence, or as an instruction upon evidence not in the case.</p> <p>Same—Instructions—Whether any Evidence in Support oe an Issue—Submission to Jury. Where there is no evidence tending to prove an issue, the court may properly so instruct the jury, hut it is not error to fail to do so, where no request therefore is made.</p>