Helbig v. Grays Harbor Electric Co.

Citations

• 37 Wash. 130
• 79 P. 612
• 1905 Wash. LEXIS 685

Syllabus

<p>Pleadings — Complaint for Personal Injuries — Certainty— Amendment — Appeal and Error — Prejudice. The denial of a motion to make a complaint for personal injuries more definite and certain as to an allegation that plaintiff was “otherwise greatly bruised and injured” is not prejudicial error where no evidence was given of injuries other than those particularly described in the complaint and in a trial amendment thereof.</p> <p>Pleadings — Amendment to Conform to ti-ie Proof — Surprise— Waiver of Error. Error cannot be predicated on the allowance of a trial amendment to the complaint to conform to the proof, in the absence cof any claim of surprise or motion for a continuance in the court below.</p> <p>Damages — Personal Injuries — Physical Examination of Plaintiff. Where the plaintiff in an action for personal injuries was examined before the trial at the instance of the defendant, and a trial amendment was allowed showing further injuries, whereupon two physicians were appointed to make a further physical examination, only one of whom attended amd testified, it is not an abuse of discretion to refuse to permit any further examination of the pterson of the plaintiff except such as could be had in the presence of the jury.</p> <p>Negligence — Defect in Street — Contributory Negligence in Riding Horse Without Bridle. It is not as a matter of law such contributory negligence to ride a gentle horse without saddle or bridle as will preclude a recovery for personal injuries sustained in a fall through the horse’s shying at a defect in the street.</p>