Lobb v. Seattle, Renton & Southern Railway Co.

Citations

• 48 Wash. 238
• 93 P. 420
• 1908 Wash. LEXIS 839

Syllabus

<p>Pleading — Amendment—To Conform to Proof — Damages. In an action for personal injuries, in which the complaint alleges certain items of special damages, and prays for a sum in excess thereof, it is proper to allow a trial amendment alleging general damages in a sum equal to the difference between the special damages and the sum prayed for, where proof of general damages was admitted without objection, and the defendant did not move for a continuance on making its claim of surprise.</p> <p>Same — Collision of Street Cars — Presumptions—Pleading and Proof — Specific Allegations. The fact that the plaintiff was unable to prove the particular cause of a collision of street cars, as set forth in her complaint, does not deprive her of the benefit of the presumption that negligence is presumed from the happening of a collision, since that was alone the substance of the issue, and the particular cause alleged need not be proved.</p>