Jose v. Stetson

Citations

• 20 Wash. 648
• 56 P. 397
• 1899 Wash. LEXIS 218

Syllabus

<p>NEGLIGENCE—PLEADING AND PROOF-NON-SUIT-QUESTIONS FOR JURY —HARMLESS ERROR.</p> <p>Where a complaint in an action for damages charges several acts and omissions constituting negligence, any one or more of which is sufficient to warrant a recovery, the defendant is not entitled to a non-suit through failure of plaintiff to prove some of the elements of negligence alleged in the complaint, if there is proof as to others.</p> <p>The fact that plaintiff has given contradictory testimony as to the title to property for whose negligent loss he was suing would not warrant the court in non-suiting him, but the question of title was one for the jury to determine.</p> <p>Error of the jury in giving plaintiff a less verdict than the evidence shows he is entitled to is one that the defendant cannot urge on appeal, as the injury is to plaintiff and not to defendant.</p>