Gifford v. Washington Water Power Co.

Citations

• 85 Wash. 341
• 148 P. 11
• 1915 Wash. LEXIS 1282

Syllabus

<p>Damages — Personal Injuries' — Future Suffering. Evidence of physicians to the effect that an injury causing a depression in the skull of a young child would probably in the future cause epilepsy, paralysis, convulsions or pains and nervousness is inadmissible as a speculative conclusion as to possible consequences, rather than evidence of consequences reasonably certain to ensue from the injury.</p> <p>Street Railroads — Injuries — Collisions — Negligence — Speed Limit — Issues and Instructions. In an action for personal injuries sustained in a collision between an automobile and a street car, alleged by plaintiff to have been exceeding the city speed limit, in which there was a conflict in the evidence on that point, but no evidence of any unusual conditions, and the facts tended to show that the motorman had a clear right of way and was authorized to run within the speed limit fixed, it is error to instruct that the railway company was guilty of negligence, although not exceeding the limit, if the street car was running at a greater speed than an ordinarily careful person would have operated it under the circumstances and conditions.</p>