Hull v. Seattle, Renton & Southern Railway Co.

Citations

• 60 Wash. 162
• 110 P. 804
• 1910 Wash. LEXIS 1021

Syllabus

<p>Evidence — Parol Evidence — Collateral Issue. That the plaim tiffs in an action were the joint owners of an automobile, by reason of a conditional contract of sale in writing, is a collateral issue only, which may be proved by parol.</p> <p>Appeal — Preservation of Grounds — Objections. Error cannot be predicated on the exclusion of a writing which might have shown the value of an article in issue, where its production was not asked1 for that purpose. • --</p> <p>Evidence — Writing—Demand to Produce. A demand to produce a writing, made of a witness on the stand, is not such as to put the parties to the action in default for failure to produce it.</p> <p>Evidence — Parol Evidence — Book Accounts. Parol evidence is admissible of the amounts received for the sale of chattels, although the amounts received were recorded in regular books of account.</p> <p>Trial — Motions—Argument of Counsel — Discretion. It is discretionary for the trial court to refuse counsel the privilege of arguing on his motion for a nonsuit.</p> <p>Negligence — Contributory Negligence. In an action for the destruction of an automobile at a railroad crossing, the plaintiff is entitled, on the question of his contributory negligence, to have his conduct judged by the circumstances surrounding him at the time, and compared to that of a reasonably prudent man.</p> <p>Damages — Instructions—Maximum. In an action for damages, it is not error to give an instruction stating the maximum amount to which, the plaintiffs would be entitled-under the pleadings.</p> <p>Railroads — Crossings — Duty to Stop, Look and Listen. The driver of an automobile, whose machine became stalled on a railroad crossing, owed no absolute duty to stop, look, and listen before driving on the track; if he could ascertain that he could cross in safety by looking and listening.</p> <p>Same- — Negligence—Question for Jury. The negligence of a railroad company is for-the jury, where it appears that its electric motor and train ran do