Hoyt v. Independent Asphalt Paving Co.

Citations

• 52 Wash. 672
• 101 P. 367
• 1909 Wash. LEXIS 1174

Syllabus

<p>Damages — Personal Injuries — Cause of Injury — Resulting Operation — Evidence—Sufficiency. In an action for personal injuries there is no substantial evidence that a fall upon a defective plank caused a displacement of pelvic organs, requiring an operation, and it is error to submit the issue to the jury, where it appears, that the plaintiff’s family physician, called by her, testified emphatically that the condition necessitating an operation was not caused by the fall, but already existed; and there was other medical evidence offered by plaintiff showing that the condition resulted from childbirth prior to the accident, and there was nothing but the plaintiff’s own testimony to the contrary, attempting to give the cause of the pain experienced.</p> <p>Jurors — Examination—Latitude. In the examination of jurors latitude should be allowed to enable counsel to intelligently exercise peremptory challenges, even though not able to elicit sufficient to' justify the rejection of the juror for cause; and a juror may be interrogated as to his connection with indemnity companies.</p> <p>Trial — Misconduct of Attorney — Master and Servant — Questions Indicating Indemnity. It is not misconduct of counsel, requiring a new trial, for attorney for the plaintiff in a personal injury case to interrogate a juror as to whether he was a solicitor for an indemnity company, where the examination was not for the purpose of informing the jury that the burden of the judgment would fall upon an insurance company.</p> <p>Municipal Corporations — Streets—Defects—Liability of Contractor — Contributory Negligence. A contractor doing street work under a contract with the city is responsible for negligence in putting down a plank rendering the street unsafe to one alighting from a street car at a regular stopping place, upon what she was warranted in supposing to be a platform for passengers to alight on; and one so alighting is not guilty of contributory negligence.</p> <p>Same — Pleading a