McKay v. Seattle Electric Co.

Citations

• 76 Wash. 257
• 136 P. 134
• 1913 Wash. LEXIS 1808

Syllabus

<p>Appeal — Review—Verdict. A verdict upon conflicting evidence, sustained by tbe trial judge, will not be disturbed on appeal, even if it seems to be against the preponderance of tbe evidence.</p> <p>Evidence — Expert Evidence — Opinions. Upon an issue as to wbetber a passenger, alighting from a street car, was caugbt on tbe steps by a closing gate, it is not error to exclude tbe opinion of an expert, familiar with tbe construction of tbe gate and step, that it was impossible for tbe gate to have caugbt tbe plaintiff and caused tbe injury in tbe manner claimed, where tbe type and construction of tbe car and tbe manner of closing tbe gates was shown; since it was a question of fact for tbe jury.</p> <p>Appeal — Review—Harmless Error. Upon an issue as to wbetber plaintiff was intoxicated at tbe time of tbe accident, hearsay evidence that be bad been given liquor after tbe accident, accounting for bis condition when seen later, is harmless, where it was merely cumulative of competent evidence to tbe same effect.</p> <p>Trial — Instructions—Burden of Proof — Presumptions—Intoxication. In an action for personal injuries, sustained by a passenger alighting from a street car, where there was a sharp conflict in tbe testimony as to wbetber plaintiff was intoxicated at tbe time, and plaintiff admitted drinking at a saloon shortly before tbe accident, there is no presumption that be was sober at tbe time of tbe accident, and it is error to instruct that tbe burden of proof was upon tbe defendant to show that be was intoxicated as claimed.</p> <p>Trial — Instructions—Burden of Proof. It is error to instruct tbe jury that a party having tbe burden of proof must satisfy tbe minds and “conscience” of tbe jury by a preponderance of the evidence.</p> <p>Tbiae — Instbuctions-—Circumstantial Evidence. It is error to instruct the jury that circumstantial evidence is to he regarded when it is strong and satisfactory, and disregarded when it is hot.</p>