Foster v. Pacific Clipper Line

Citations

• 30 Wash. 515
• 71 P. 48
• 1902 Wash. LEXIS 717

Syllabus

<p>EVIDENCE-ADMISSIBILITY OF UNSTAMPED INSTRUMENT.</p> <p>The absence of an internal revenue stamp would not affect the admissibility of the instrument as evidence in an action in a state court.</p> <p>WHARFINGERS-COLLAPSE OF WHARF-PRESUMPTION OF NEGLIGENCE.</p> <p>Where no external violence is shown as the cause of the collapse of a dock and warehouse, a presumption of negligence on the part of the warehouseman is raised.</p> <p>SAME — INSTRUCTIONS —■ BURDEN OF PROOF.</p> <p>An instruction to the effect that, if the facts raised a presumption of negligence on the part of defendant, who had set up an affirmative defense of the exercise of due care, then the burden of removing the presumption was on defendant, and the jury should find for plaintiff, if the evidence should be evenly balanced, was correct.</p> <p>INSTRUCTIONS-REFUSAL OF REQUESTS.</p> <p>The refusal of requested instructions is not error when the same ground has been covered by the court in other instructions.</p>