Johnson v. Washington Water Power Co.

Citations

• 62 Wash. 619
• 114 P. 453
• 1911 Wash. LEXIS 755

Syllabus

<p>Appeal — Review—Verdict. Where the evidence is hopelessly in conflict, the verdict is conclusive upon appeal.</p> <p>Carriers — Op Passengers — Assault by Conductor — Instructions. In an action by a passenger for an assault by a street car conductor, an instruction that there can be no recovery if plaintiff had alighted from the car and provoked the assault before he was struck, is not objectionable as leaving an inference of liability for assault after plaintiff had ceased to be a passenger, unless he provoked the assault.</p> <p>Same — Termination op Relation — Instructions. In an action by a passenger for an assault by a street car conductor, the jury are properly instructed that after a person becomes a passenger the re-, lation exists until he has alighted and had a reasonable time to leave the place at which he alights, and if assaulted before he could leave the immediate presence of the car and proceed on his journey, he was still a passenger.</p> <p>Trial — Verdict—Special Finding — Depiniteness. In an action by a passenger for an assault by a street car conductor, where an interrogatory was submitted as to whether plaintiff had alighted when first struck, an answer that he was on the car when first struck is not too indefinite.</p> <p>Appeal — Preservation op Grounds — Verdict—Special Finding— Objections. Objection that an answer to an interrogatory submitted to the jury was too indefinite must be made when the verdict is returned, and a more definite finding requested, and cannot be first raised on appeal.</p>