Erickson v. Washington-Oregon Corp.

Citations

• 76 Wash. 387
• 136 P. 376
• 1913 Wash. LEXIS 1825

Syllabus

<p>Damages — Personal Injuries — Proximate Cause — Evidence— Question for Jury. Where there was ample room for difference of opinion as to whether, and to what extent, operations were necessitated by a previous diseased condition, whether personal injuries or such diseased condition necessitated an operation was a question for the jury.</p> <p>Municipal Corporations — Streets —¡ Excavations — Liability— Actions — Instructions. An instruction that a person negligently leaving an excavation in a street without proper guards is liable in damages to any person injured thereby, if such person had no knowledge thereof and was in the proper use of the street, is not prejudicially erroneous, where the jury was fully instructed as to plaintiff’s duty to use due care.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $6,000 for internal injuries sustained by a married woman 23 years of age, which necessitated operations for the removal of her ovaries, involving an expense of upwards of $1,000, and greatly impairing her health, is not excessive.</p>