Jones v. Harris

Citations

• 122 Wash. 69
• 210 P. 22
• 1922 Wash. LEXIS 1104

Syllabus

<p>Appeal (413)&emdash;Review&emdash;Verdict. A verdict on conflicting evidence will not be disturbed on appeal, although the evidence by no means preponderates in favor of the respondent.</p> <p>Municipal Corporations (385)-&emdash;Use of Streets&emdash;Negligence&emdash; Persons Liable. The owner of an automobile who loans it to another is not liable for the latter’s negligent driving, unless he was so incompetent as to make the same a dangerous instrumentality in his hands, and the owner knew of such incompetency.</p> <p>Same (389)&emdash;Evidence (97)&emdash;Admissions&emdash;Weight and Sufficiency. Under the rule that verbal admissions are to be received with great caution, the verdict of a jury that the owner of an automobile loaned it to an incompetent boy is not supported by substantial evidence, where it rests entirely on admissions by the owner, made the next day, testified to by plaintiff and one interested witness, and which were unsupported by other affirmative testimony, and contradicted by direct and circumstantial evidence (Holcomb, Mitchell, and Bridges, JJ., dissenting).</p>