Jensen v. Schlenz

Citations

• 89 Wash. 268

Syllabus

<p>Trial — Misconduct of Counsel — Showing Indemnity Insurance. In a personal injury case, inquiry of a juror as to whether he had business dealings with any of the defendants, revealing that he was in the liability insurance business and that defendants might be insured, is not misconduct of counsel in placing such fact before the jury, where the information came about naturally in response to lawful inquiry.</p> <p>Trial — Misconduct of Counsel — Improper Objections. An objection to the participation of counsel for a defendant that had been dismissed out of the case is not misconduct of counsel upon which error can be predicated, where it came about through a confusion of ideas and the parties came to a common understanding and “consented” that a judgment of nonsuit be entered.</p> <p>Dismissal and Nonsuit — Joint Tort Feasor — Right of Codefendant. Consent to the dismissal of one or more joint tort feasors is equivalent to a voluntary nonsuit, which cannot be objected to by co-defendants.</p> <p>Appeal — Review—Harmless Error — Instructions. Error cannot be predicated upon the giving of an instruction affecting only the liability of a joint tort feasor dismissed out of the case by consent of the plaintiff.</p> <p>Trial — Instructions — Prejudice — Comment on . Facts. An instruction that there was no evidence to warrant a finding of fault in the construction of a manhole, is not prejudicial to defendants who were found to have negligently maintained the same; nor would it be an unlawful comment on the facts.</p> <p>Negligence — Presumptions — Circumstantial Evidence. While negligence is never presumed, it may be established by circumstantial evidence; hence an instruction thereon may be warranted, although no witness testified directly as to the fact.</p> <p>Trial — Instructions—As a Whole. Instructions must be construed as a whole, and not isolated for the purpose of criticism.</p> <p>Damages — Personal Injuries — Earning Capacity- — Instructions. In an action fo