Jorgenson v. Crane

Citations

• 92 Wash. 642
• 159 P. 796
• 1916 Wash. LEXIS 812

Syllabus

<p>Appeal — Decision—Law of Case — Similarity of Evidence on Retrial. Where a former appeal fixed the liability of the defendant for negligently leaving an unguarded wheel scraper on- school grounds, as the law of the case, evidence on a second trial that the scraper was left either on the school grounds or a few feet from the boundary line, does not establish that defendant was not negligent as a matter of law.</p> <p>Negligence — Appliances Dangerous to Children — Contributory Negligence — Question for Jury. The contributory negligence of a child six or eight years of age, in playing with a wheel scraper left on school grounds, cannot be found as a matter of law, in the absence of a very strong and convincing showing.</p> <p>New Trial — Grounds—Inadequate Damages. It is not an abuse of discretion to grant a new trial for inadequate damages, where the jury allowed but one dollar, in addition to hospital expenses and physician’s fees, for severe injuries including a broken leg from which plaintiff suffered severely for several weeks.</p>