Johnson v. Caughren

Citations

• 55 Wash. 125
• 104 P. 170
• 1909 Wash. LEXIS 719

Syllabus

<p>Trial — Instructions—Issues. Error cannot be assigned upon the giving of instructions outside the issues, where they were based on evidence admitted without objection.</p> <p>Same — Requests. It is not error to refuse requested instructions covered in the general charge.</p> <p>Evidence — Opinion Evidence — Master and Servant — Competency oe Fellow Servant. In a personal injury case, it is inadmissible to allow expert witnesses to give their opinion as to the competency of a fellow servant employed as a powder man, based upon observing his conduct, or knowledge of his experience, since the jury is as capable as the witnesses of drawing the proper inferences from the facts (Chadwick, J., dissenting).</p>