Mueller v. Washington Water Power Co.

Citations

• 56 Wash. 556
• 106 P. 476
• 1910 Wash. LEXIS 845

Syllabus

<p>Cashiers — Injuries to Passengers — Pleading—Complaint. A complaint alleging that a car had stopped and passengers were alighting, and that plaintiff was violently thrown to the ground by the sudden starting of the car without warning while she was in the act of alighting, states a cause of action, although it is alleged that the plaintiff, on account of defective eyesight, could not know whether the car was in motion.</p> <p>Appeal — Review—Verdict. The fact that witnesses describe an accident in terms other than the exact words of the complaint is not ground for setting aside a verdict.</p> <p>Appeal — Review—Verdict. The verdict of a jury upon conflicting evidence will not be disturbed on appeal if there was some testimony to justify it.</p> <p>Carriers — Injuries to Passengers — Degree oe Care — Instructions. It is proper to instruct that a street railway company, operating by electricity in the carriage of passengers, must use “the highest degree of care, skill, and diligence practicable, consistent with the operation” and it is liable for “the slightest negligence in-said operation,” as the latter is but a corollary of the former.</p> <p>New Trial — Impeaching Verdict — Aeeidavits. A new trial should not be granted on the affidavit of a railroad company’s claim agent that a juror told him that the verdict would have been different had certain, evidence been admitted or excluded, where the same is denied by the juror.</p> <p>New Trial — Accident or Surprise — Absence oe Witness. A new trial should not be granted for accident or surprise on account of the absence of a material witness, where it appears that he was present on the first day of the trial, and asked to be excused to go out of the state, expecting to return in time, and the adverse party offered to-allow him to he sworn out of his turn, which offer was declined and the witness was excused and did not get back in time, especially where there was evidence given similar to that expected from, the wit