Estes v. Babcock

Citations

• 119 Wash. 270
• 205 P. 12
• 1922 Wash. LEXIS 753

Syllabus

<p>Carriers (78-3, 78-6) — Street Railways (13, 16) — Collisions With Vehicles — Speed—Negligence. In a passenger’s action against the operators of a bus and a city, for injuries sustained in a collision between the bus and a city street car, the negligence of the defendants is for the jury where the evidence on the question of excessive speed and failure to give warning signals was conflicting.</p> <p>Municipal Corporations (380) — Use oe Streets — Ordinances. An ordinance providing that no person shall operate a vehicle in any other than a careful and prudent manner, . . . nor so as to collide with another vehicle, when considered as a whole, is reasonable and not void for uncertainty.</p> <p>Damages (124) — Trial (93) — Instructions — Applicability— Mental Anguish. In an action for personal injuries, it is error to give an instruction allowing damages for mental anguish where there was no evidence that plaintiff suffered mental anguish other than the pain and incapacity naturally incident to the injuries complained of.</p> <p>Evidence (214) — Experts—Facts Forming Basis oe Opinion. A patient’s statements to a physician testifying as an expert, are admissible to determine the weight to be given to the physician’s opinion, but not as evidence to prove the actual condition of the patient at the time.</p>