Mooney v. Seattle, Renton & Southern Railway Co.

Citations

• 47 Wash. 540
• 92 P. 408
• 1907 Wash. LEXIS 805

Syllabus

<p>Appeal—Review—Waiver op Error. Error in refusing to grant a nonsuit is waived hy proceeding with the trial.</p> <p>Carriers—Oe Passengers—Negligence oe Motorman—Control op Street Car on Steep Grade. It is gross negligence for a motorman, on a street car heavily loaded with passengers, after turning off the power and setting the brakes at the top of an eleven per cent grade, to leave the controller surrounded hy passengers, allowing the car to descend without any guiding hand, and go so far from his post of duty that, when a passenger turned on the power and released the brakes, he could not return until the car had sped a distance of four or five blocks, there being no controlling necessity for such^ action.</p> <p>Appeal — Review — Harmless Error — Trial. Error cannot be predicated on misconduct of counsel in a controversy over the law applicable to the case and the reading of a decision, where the decision was not read and no prejudice appears.</p> <p>Damages—Injuries—Excessiveness. A verdict for $5,000 reduced by the trial court to $3,500, for injuries sustained by a barber, who, nine months after, was seriously crippled and unable to perform labor or follow his usual occupation, will not be set aside on appeal as excessive.</p>