Gilson v. Washington Water Power Co.

Citations

• 93 Wash. 480
• 161 P. 352
• 1916 Wash. LEXIS 1229

Syllabus

<p>Carriers — Taking on Passengers — Negligence—Closing Door-Instructions — Harmless Error. Where, in an action for injuries sustained in attempting to enter a pay-as-you-enter car, there was a conflict in the evidence as to whether the car was standing still with the door open as an invitation to enter, or whether the ear had started with the door closed, error in instructing that the defendant owed the duty to use the highest degree of care, is not prejudicial, taken in connection with other instructions immediately following telling the jury that closing the door upon the plaintiff after he had started to enter was negligence, but that plaintiff could not recover if he tried to enter after the door was closed; since the jury would not receive the impression that the high degree of care first stated was required unless they found that the car door was open under such circumstances as to be an invitation to enter.</p> <p>Appeal — Review—Instructions—Requests. It is not error to refuse to give requested instructions that are covered in the general charge.</p> <p>New Trial — Newly Discovered Evidence — Cumulative Evidence. In an action for personal injuries in which it was shown that plaintiff required crutches for walking, a new trial for newly discovered evidence is properly refused upon a showing by affidavits and photographs that, seventeen days after the trial, the plaintiff was walking with a cane, and some of the medical witnesses were of the opinion that he had been “faking his injuries”; it appearing from the affidavit of plaintiff and his physician that he had been advised to try using a cane and could walk only short distances without crutches; since the newly discovered evidence was largely cumulative and would not likely change the result, and the amount of the verdict plainly indicating that the award was not for total or permanent disability.</p>