Pepperall v. City Park Transit Co.

Citations

• 15 Wash. 176
• 45 P. 743
• 1896 Wash. LEXIS 159

Syllabus

<p>ERRONEOUS INSTRUCTIONS — BINDING ON JURY — JUDGMENT — SPECIAL FINDINGS BY JURY.</p> <p>Although an instruction to the jury may have been wrongfully given, it is binding and conclusive upon the jury. (Dunbar and Scott, JJ., dissent.)</p> <p>An erroneous instruction, when not complained of and excepted to, constitutes on appeal the law of the case, and the record will not he examined at the instance of the respondent for the purpose of determining wherein it is erroneous.</p> <p>Where the special findings of the jury are inconsistent with the general verdict, the former controls the latter.</p>