Mosso v. E. H. Stanton Co.

Citations

• 85 Wash. 499
• 148 P. 594
• 1915 Wash. LEXIS 1291

Syllabus

<p>Appeal and Ebboe — Law of the Case. Questions decided adversely to appellant upon a first appeal will not be considered on a second appeal, where the evidence of existing conditions is the same as on the former trial.</p> <p>Appeal — Review—Harmless Ebboe — Instructions. Length of instructions, or repétition of matters contained therein, are not necessarily matters of prejudice, but the party complaining should show specifically in what way he is prejudiced thereby.</p> <p>Municipal Corporations — Injuries to Pedestrian — Actions—Instructions. In an action for injuries to a pedestrian struck by a motor truck, in which the plaintiff’s evidence showed that he was struck in the middle of the street and the truck was not where it should have been in compliance with ordinance regulations, while defendant’s evidence showed that the truck was being driven as near the right-hand curb as possible, going in the direction it was, an instruction was not erroneous as determining the defendant’s negligence through violation of the ordinance as to the use of the street as a matter of law, where it charged the jury that, if they find that plaintiff “had reached a place in the street where, if the defendant had operated its motor truck in accordance with the provisions of the city ordinance, he would have been out of the danger zone, then his failure to look north at the time when he started to cross the street would not preclude a recovery, because of his right to rely upon the use of the street by defendant in a lawful manner, and of his right to expect the automobile truck to be in a place where under the ordinance it had a right to be.”</p> <p>Damages — Personal Injuries — Excessive Vebdict. In an action for personal injuries sustained by a laborer, 35 years of age, capable of earning $2.50 a day, a verdict for $12,500 was excessive and should be reduced to $7,500, although some two years after the injury, he was unable to dispense with a leather and steel jacket to support h