McIlwaine v. Tacoma Railway & Power Co.

Citations

• 72 Wash. 184
• 129 P. 1093
• 1913 Wash. LEXIS 1428

Syllabus

<p>Carriers — Injury to Passengers — Actions — Instructions—Assumption of Facts. An instruction to the effect that, if the jury find that a passenger was notified that a car was going to the barn and passengers would not be carried, it was the duty of the passenger to get off and of the company “to keep the car standing still,” is not an unlawful comment on the facts in that it assumes that the car was standing, a disputed question in issue, where the instructions, construed as a whole, merely meant that it was the duty to keep the car motionless while the passenger was getting off.</p> <p>Same — Instructions—Duty of Passenger. An instruction that it was the duty of a passenger to “immediately alight” upon being informed that the car did not carry passengers and was going to the barn, is not erroneous in that it was her duty to wait until the car stopped.</p> <p>Damages — Personal Injuries — Future Damages — Instructions. An instruction, in an action for personal injuries, that plaintiff was entitled to recover “further expense which may happen in the future by reason of the injuries received” is not prejudicially erroneous, where other instructions were given plainly telling the jury what results they could consider in that connection.</p> <p>Trial — Instructions Already Given. It is not error to refuse a requested instruction that is covered in other language in the general charge.</p> <p>Carriers — Who are Passengers. One who boards a street car stopping at a usual stopping place, intending to pay her fare, is a passenger until she safely alights therefrom, although the car was on the way to the barn and she was notified to get off.</p>