Oliver v. Taylor

Citations

• 119 Wash. 190
• 205 P. 746
• 1922 Wash. LEXIS 787

Syllabus

<p>Municipal Corporations (379, 383) — Use of Streets — Mutual Rights at Intersections — Contributory Negligence. The driver of a truck first entering a street intersection, and colliding with a Ford, is nevertheless guilty of contributory negligence, where he saw the Ford approaching from the right, at a high rate of speed, in time to have stopped, but veered to the left without slackening his speed, and there would have been no collision if-he had either stopped or continued his course across the street; the right of way not being absolute but relative.</p> <p>New Trial (16) — Grounds—Misconduct of Jury — Manner of Arriving at Verdict. A new trial on the ground of misconduct in a quotient verdict is properly denied where the jurors made oath that there was no agreement to abide by the quotient, and it appears that the verdict rendered was not a quotient of the sums each juror voted for.</p> <p>Trial (50) — Conduct of Counsel — Retaliatory Remarks. Error cannot be predicated upon argument of counsel responsive to statements made by counsel, which the jury were instructed to disregard.</p> <p>Municipal Corporations (380, 388) — Use of Streets — Ordinances — Evidence. It is not error to admit an ordinance relative to the duty of automobile drivers simultaneously reaching street intersections, where the speed of one furthest away was such as to constitute simultaneous approach.</p> <p>Damages (80) — Excessive Damages — Injury to Person. A verdict for $4,000 for personal injuries sustained in an automobile collision is not excessive, where plaintiff was severely bruised, bones were broken, her vision permanently impaired, she was long in a hospital and will require medical attention for the rest of her life.</p> <p>Appeal .(465) — Harmless Error — Instructions—Cure by Verdict. Error cannot be predicated upon failure of the instructions to limit the recovery to the amount claimed in the complaint where the verdict was within the sum.</p>