McDorman v. Dunn

Citations

• 101 Wash. 120
• 172 P. 244
• 1918 Wash. LEXIS 825

Syllabus

<p>Carriers—Jitney Busses—Injury to Passengers—Actions—Instructions. In a passenger’s suit for injuries sustained through the concurrent negligence of the drivers of a jitney and an automobile, instructions are not erroneous as rendering the jitney owner liable regardless of whether his negligence was the proximate cause, where they clearly charged that the negligence of the driver of the jitney, or the concurrent negligence of both drivers, must have caused the collision before verdict could he rendered against appellants.</p> <p>Same. An instruction is not prejudicially erroneous in requiring of a jitney bus driver the highest degree of care, without qualification by the clause, “consistent with the practical conduct of the business,” where the instruction complained of plainly referred to the definition of his duty given in another instruction containing the qualification.</p> <p>Same—Jitneys—Injury to Passengers—Negligence—Evidence-Sufficiency. In a passenger’s suit for injuries sustained through the concurrent negligence of the drivers of a jitney and an automobile, a verdict against the former is sustained, where it appears that the street was wet and slippery, the jitney was not equipped with non-skidding devices, and was being driven at an unlawful and dangerous speed, and just before the accident, it swerved and struck the automobile, and was thrown by the force of the impact a distance of 85 feet.</p> <p>Witnesses—Impeachment—Effect. The impeachment of a witness by his testimony given in the police court affects the weight and credibility, and not the competency, of the evidence.</p> <p>Damages—Personal Injuries—Excessive Verdict. A verdict for '$2,500 for injuries sustained in an automobile collision is not excessive, where plaintiff, a veterinary surgeon, 64 years of age, sustained a cut over the right eye, a broken collar bone, and partial loss of motion of the right arm, was rendered unconscious and from the date of the injury suffered great pain, loss