Kane v. Nakamoto

Citations

• 113 Wash. 476
• 194 P. 381
• 1920 Wash. LEXIS 849

Syllabus

<p>Election of Remedies .(3) — Acts Constituting — Proof of Damages. In an action for damages to an automobile, plaintiff’s introduction in evidence of certain repair bills without objection does not constitute an election of remedies or waive his right to prove the damage by showing the value of the automobile before and after the accident.</p> <p>Municipal Corporations (379, 390) — Use of Streets — Collision at Crossings- — Question for Jury. Where there was a dispute in the evidence as to which ear first arrived at a street intersection, it is for the jury to say whether the exigencies of the situation justified plaintiff’s driver in “cutting the corner” in making the turn.</p> <p>Trial (83) — Instructions—Form and. Language — “Find”—“Convinced.” Error cannot be assigned in instructions to the jury in the use of the word “convinced” in place of “find”, where it is plain the jury could not have been misled.</p> <p>Damages (47) — Future Pain and Suffering — Instructions. Error cannot be assigned upon an instruction as to future pain and suffering because tbe words “reasonably certain” were not used, where the jury were simply told they could award damages for all the consequences of the injury, one of which would be future suffering.</p> <p>Damages (62) — Measure oe Damages — Personal Property — Injury to Car. The measure of damages for injuries to an automobile is correctly stated to be the difference in value immediately before and after the collision; but where repair bills were introduced without objection, it is not error to instruct that they may be considered for the purpose of determining whether there was a decrease in the value.</p> <p>Appeal (123) — Preservation oe Grounds — Objections to Evidence. It is not error to base an instruction upon evidence admitted without objection.</p>