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· 12/11/1920

McCreedy v. Fournier

Citations

  • 113 Wash. 351
  • 194 P. 398
  • 1920 Wash. LEXIS 858

Syllabus

<p>Highways (56-1) — Negligent Use — Evidence-—-Admissibility. In an action for damages from an automobile collision, it is admissible to show swerving, ziz-zag tracks on the road leading up to the immediate scene of the accident, where the witness testified that there had -been a small mist or rain on the pavement and there were no other tracks noticeable.</p> <p>Damages (47) — Future ob Continued Suffering. In an action for personal injuries, necessitating an operation upon one eye and nearly destroying its usefulness, the eye specialist who performed the operation may testify as to the probability of sympathetic affection of the other eye.</p> <p>Highways (57) — Negligent Use-Evidence — Admissibility. The relative position of two overturned automobiles may be shown upon an issue as to the speed of the automobiles and as to the side of the highway on which the collision occurred.</p> <p>Evidence (132) — Photographs—Admissibility. Photographs of the scene of an accident are admissible where witnesses testify that the conditions on the road were essentially the same when taken as at the time of the accident.</p> <p>Trial (136) — Verdict — Special Findings. Error cannot be predicated on the refusal to submit special interrogatories to enable the j'ury to segregate damages showing the amount of the liability of an indemnity company, where no indemnity company appeared in the action.</p> <p>Appeal (129) — Objections—Request for Instructions. Error cannot be assigned upon the failure to give a more specific instruction in the absence of any reguest therefor.</p> <p>Damages (80) — Excessiveness—Injuries to Person in General. Present day factors and standards must be taken into consideration in determining the excessiveness of permanent personal inj'uries.</p>

Judges: Mitchell

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