Kaili v. Inter-Island Steam Navigation Co.

Citations

• 25 Haw. 777
• 1921 Haw. LEXIS 46

Syllabus

<p>Trial — nonsuit.</p> <p>The erroneous denial of a nonsuit for want of sufficient evidence is harmless error where after such denial the defect in plaintiff’s proof is supplied by evidence introduced by either party.</p> <p>Pleading — amended pleadings.</p> <p>Under our statute of amendments (Sec. 2371 R. L. 1915) it is proper for the court to allow the plaintiff to amend his complaint-after all the evidence is in where the amendment serves to malee the pleadings conform to the proof.</p> <p>Carriers — duty to warn passenger of danger — instruction.</p> <p>In an action for damages for personal injuries by a passenger against the owner of a vessel an instruction to the effect that it was the duty of the officers in charge of the vessel to warn him of any danger which may be apprehended or foreseen with reference to the place of riding, and which fails to tell the jury that there was no duty to warn him if the conditions which constituted the danger were as observable by him and as obvious to him as they were to them, is erroneous.</p>