Grant v. Spokane Traction Co.

Citations

• 47 Wash. 112
• 91 P. 553
• 1907 Wash. LEXIS 720

Syllabus

<p>Tbial—Vebdict—Special Findings—Consistency With Geneeal Vebdict ■—■ Cabriebs —■ Negligence in Setting Down Passengers. Where the complaint alleged the negligent starting of a street car while plaintiff was in the act of alighting, and that “at or about the time” plaintiff had one foot upon the steps of the car and one foot upon the pavement, a special finding by the jury that plaintiff had both feet on the steps, does not negative a general verdict for plaintiff, since it does not negative negligence of the defendant in starting the car while plaintiff was in'the act of alighting; and since a construction of the special verdict should he adopted to sustain the verdict if it is susceptible thereof.</p> <p>Witnesses—Cross-Examination. In a personal injury case, upon cross-examination of plaintiff’s husband, who was commonly called “doctor” and who had given to the conductor his address with a handbill advertising his treatment, it is proper to allow questions as to whether witness was a regular physician, and whether he had given treatment to his wife.</p>