Gilmore v. Seattle & Renton Railway Co.

Citations

• 29 Wash. 150
• 69 P. 743
• 1902 Wash. LEXIS 569

Syllabus

<p>INSTRUCTIONS-MISLEADING TERMS-WEIGHT OE TESTIMONY.</p> <p>An instruction which charges the jury that they should “take into consideration, in passing upon the weight of the testimony, not so much the number of witnesses that testified to any one given fact, but the quality of the testimony,” is erroneous on the ground of invading the province of the jury, if by the use of the term “quality” the court meant the better evidence, and also on the ground that the use of the term “quality” in such connection is confusing and misleading.</p> <p>SAME — APPLICABILITY TO ISSUES.</p> <p>In an action to recover damages for injuries received by a passenger from the sudden starting of the car while alighting, an instruction that if the jury believe that “plaintiff had a reasonable time, as I will define that to you, in which to alight from the car, and that she did as a matter of fact alight from the car, but that she retained her hold upon the guard rail or stanchion of the car for a time longer than would be reasonably sufficient for a person of ordinary prudence and activity,” then she cannot recover, was not erroneous when there was a further instruction to the effect that a passenger could not be said to be off the car so long as he was supporting himself thereby and being still in the act of alighting.</p>