Johnstone v. Seattle, Renton & Southern Railway Co.

Citations

• 45 Wash. 154
• 87 P. 1125
• 1906 Wash. LEXIS 941

Syllabus

<p>Carriers — Collision op Street Cars — -Instructions. In an action for personal injuries sustained by a passenger in a street car collision, where the collision was admitted, and the main issue was as to the extent of the injury, it is not misleading- or error to instruct the jury to the effect that the speed of the cars was material only to establish the force of the collision and that such force was material only to establish the probability and extent of the injury.</p> <p>Evidence — Weight and Sufficiency — Instructions as to Preponderance. An instruction to the effect that the preponderance of the evidence is the “best evidence — -that which appeals to your intelligence — the evidence which satisfies your minds,” etc., is not error where it is evident that the expression “best” was not used in its technical sense, and did not mislead the jury.</p> <p>Trial — Misconduct of Parties — Pleading—Prejudicial Statements. It is not ground for reversal that the complaint in a personal injury case contained many allegations calculated to prejudice the jury, as to which there was no intention of offering proof, where such abuse was not flagrant or its prejudicial effect plainly evident.</p>