Payne v. Spokane Street Railway Co.

Citations

• 15 Wash. 522
• 46 P. 1054
• 1896 Wash. LEXIS 240

Syllabus

<p>APPEAL — GENERAL OBJECTIONS — NEGLIGENCE OF PASSENGER CARRIERS— DEGREE OF CARE — INSTRUCTIONS.</p> <p>The objections that a statement of facts had not been settled in conformity with the law and that the appeal had not been legally taken, will not be considered, when no specific error has been called to the court’s attention either in the brief or by reference to the transcript.</p> <p>An instruction is erroneous which charges the jury in an action for injuries received by a passenger through defendant’s negligence in running a street car at a high rate of speed, that “ordinary care is such care as persons usually engaged in the particular line of business in question ordinarily exercise in and about such business. If defendant in this case exercised such care at the time of the accident, it had discharged its full duty and plaintiff cannot recover,” since the highest degree of skill and care is required by law of a common carrier of passengers.</p> <p>The failure of appellant to bring up more of the instructions than the paragraph complained of will not raise a presumption that the error was subsequently obviated by the court in its further instructions to the jury.</p>