Kranzusch v. Trustee Co.

Citations

• 93 Wash. 629
• 161 P. 492
• 1916 Wash. LEXIS 1254

Syllabus

<p>Appeal — Dismissal—Abstract—Sufficiency. Under Rem. 1915 Code, § 1730-6, insufficiency of the abstract of the evidence or of its index is not ground for dismissal of the appeal, but only for motion to amend the abstract, upon terms.</p> <p>Appeal — Record—Supplemental Abstract. A supplemental transcript containing matters not introduced in evidence and in no way material to the appeal will be struck out on motion.</p> <p>Same. Where the appellants’ abstract on appeal is deemed insufficient, the respondent is privileged to file a supplemental abstract, even if it goes over the same ground; and if it be too full, the remedy is by motion to correct it, and not to strike.</p> <p>Carriers — Off Passengers — Elevators—Negligence — Evidence— Sufficiency. Evidence that a child entered an elevator holding its mother’s hand and that the elevator started quickly with a sudden movement before the child had fairly entered, and that he fell to the floor of the cage, toward the open door and was caught by a projecting floor or mechanism of a projecting indicator over the door, warrants a finding of negligence in the operation and maintenance of the elevator; it being negligence to leave projecting floors or mechanism in the elevator well and at the same time operate the elevator cage with an open door.</p> <p>Death — Damages—Infant—Evidence—Admissibility. In an action for the death of a minor child, evidence of the earning power of the child during minority is admissible.</p> <p>Evidence — Opinion Evidence — Experts—Qualification—Admissibility. Upon an issue as to the earning power of a minor child, the qualification of the witness to testify as an expert as to the cost of rearing and educating the child is largely a matter of discretion, and the ruling will not be disturbed except for manifest abuse of discretion.</p> <p>Death — Measure of Damages — Excessive Damages. A verdict for $3,576 for the wrongful death of a son, four years of age, will not be held excessive, in the ab