Grant v. Armstrong

Citations

• 55 Wash. 365
• 104 P. 632
• 1909 Wash. LEXIS 763

Syllabus

<p>Appeal — Preservation oe Grounds — Instructions—Request. Error cannot be assigned oü tbe failure of instructions to cover the plaintiff’s theory of the case, where no instructions were requested on the subjects regarding which complaint is made.</p> <p>Appeal — Review—Harmless Error. Error in giving instructions is harmless where the evidence was insufficient to warrant a verdict for the appellant.</p> <p>Appeal — Review—Grant of New Trial. An order granting a new trial, after nonsuit, must be affirmed if there was any evidence to sustain a verdict for the plaintiff.</p> <p>Negligence — Driver of Team — Evidence—Sufficiency. The evidence is insufficient to warrant a finding that th'e proximate cause of plaintiff’s injuries was the negligence of the driver of a team that took fright at an automobile, where all of plaintiff’s disinterested witnesses testified that he was holding his horses tightly and doing all he could to keep them under control, although one interested witness testified that he was driving with loose lines.</p> <p>Municipal Corporations — Use of Streets — Negligence—Automobiles — Pleading—Proximate Cause. A complaint alleging that a team was frightened by the negligence of the driver of an automobile in blowing his whistle when directly opposite the team, while driving at a high rate of speed in violation of a city ordinance, in such a manner as to frighten the team, fairly includes the rate of excessive speed as a proximate cause of the accident.</p> <p>Same — Use of Streets — Automobiles—Negligent Driving — Evidence — Sufficiency. There is sufficient evidence of negligence in the driving of an automobile, whereby a team was frightened and ran away, to require the case to be submitted to the jury, where it appears that the automobile was run at a speed of twenty or twenty-five miles an hour, on a street where there were many teams and where the city ordinances prohibited a speed in excess of ten miles an hour, that the driver passed within fifte