Hodd v. City of Tacoma

Citations

• 45 Wash. 436
• 88 P. 842
• 1907 Wash. LEXIS 487

Syllabus

<p>'Appeal — Review — Harmless Error — Damages — Evidence—Experts. It is not prejudicial error to allow a physician to testify that, in his opinion, a femoral hernia resulted from a fall, when the other evidence was amply sufficient to warrant the jury in finding that the same resulted from such fall.</p> <p>Damages — Evidence — Personal Injuries — Mortality Tables. In an action for personal injuries, mortality tables showing plaintiffs life expectancy are admissible in evidence where the plaintiffs evidence tended to show that the injuries were permanent.</p> <p>Witnesses — Children—Necessity of Oath. It is error to permit á child under ten years of age to testify without first being sworn, Bal. Code, § 5993, providing that such witnesses shall not be competent' if they appear incapable of receiving just impressions of the fqcts.</p> <p>Appeal — Review-—Harmless Error — Evidence. In an action for personal injuries, it is harmless error to permit the plaintiffs child, seven years of age, to testify, without being sworn, that she was not on a street car going to a park with plaintiff at a certain time- after the accident, as claimed by a witness for defendant, when it was conceded that the plaintiff was able to and did travel in street cars °to visit her physician at the time in Question.</p> <p>Damages — Excessive Verdict — Personal Injuries. A judgment for $5,000 for femoral hernia resulting from a fall upon a sidewalk will not be set aside as excessive, where the plaintiff was compelled to undergo two operations, no physical examination was requested by the defendant, and the testimony of plaintiffs physicians that the injuries were permanent was substantially undisputed.</p>