Olmstead v. City of Olympia

Citations

• 59 Wash. 147
• 109 P. 602
• 1910 Wash. LEXIS 1150

Syllabus

<p>Appeal — Review—Verdict. A verdict supported by substantial evidence cannot be set aside on appeal because of conflict in the testimony, or because against the weight of the evidence.</p> <p>Trial — Verdict—Special Verdicts. A general verdict against a city for injuries sustained through a defect in a planked street is not contradicted or controlled by a special finding to the effect that the defect, if seen by an ordinarily prudent man prior to the accident, was not such as to lead him to anticipate that an accident was likely to result; since the interrogatory was general and applicable to several classes of persons and not sufficiently restricted to the circumstances of the case.</p> <p>Trial — Instructions. Error cannot be predicated on instructions isolated from their context, if the charge as a whole is correct.</p>