Niemyer v. Washington Water Power Co.

Citations

• 45 Wash. 170
• 88 P. 103
• 1906 Wash. LEXIS 944

Syllabus

<p>Street Railroads — Operation—Crossing Track — Contributory Negligence. In an action for personal injuries sustained in a collision by the driver of a team while crossing a street car track, in a diagonal course, with his back towards the approaching car, the plaintiff is not precluded from a recovery by reason of the fact that, as the motorman eould have seen, the plaintiff’s wagon, the plaintiff might have seen the car had he looked at the moment of starting to drive across the tracks; but the question is for the jury, where the plaintiff had several times looked, and the car could not have been seen for a great distance, and it was in the nighttime and difficult to distinguish the headlight from other lights.</p> <p>Same — Duty to Look and Listen. The requirement that one driving across tracks must “look and listen” does not apply to street railway crossings.</p> <p>Appeal — Harmless Erbob — Instructions. Instructions which,, taken as a whole, are not erroneous, will not be held prejudicial because some of them, considered individually, are inaccurate, if they do not mislead the jury.</p> <p>Same — Witnesses — Cross-Examination — Extent. Permitting cross-examination of a witness on matters not touched upon in direct examination is not prejudicial error where the evidence could have been elicited by the party by making the witness his own.</p> <p>Damages — Medical Attendance — Instructions. In an action for personal injuries, an instruction allowing damages for expenses incurred for medical attention is not error, although there was no evidence of the value of the medical services rendered.</p>