Poole's Seed & Implement Co. v. Rudene

Citations

• 117 Wash. 150
• 200 P. 1104
• 1921 Wash. LEXIS 1029

Syllabus

<p>Highways (53, 58) — Collision—Contributory Negligence — Question for Jury. Whether the driver of an automobile is guilty of contributory negligence in failing to slacken speed when an automobile behind is attempting to pass at the same time another car is approaching from the opposite direction, is a question for the jury, where it appears that he was going at a slow rate of speed, and expected the other car to pass.</p> <p>Evidence (64) — Remoteness. In a personal injury action, testimony as to an injury to plaintiff’s back, though indefinite, is not subject to be stricken on the ground of remoteness.</p> <p>Appeal (454) — Review — Harmless Error — Facts Otherwise Established. In an action for damage's for injury to an automobile as the result of a collision, testimony .as to the cost of making the repairs, while incompetent, was not prejudicial where there was evidence as to the value of the car before and after the accident and this corresponded substantially to the amount of damage shown by the incompetent evidence.</p> <p>Evidence (86) — Admission—Offer of Compromise — Implied Recognition. An offer to pay the cost of repairs for injuries to an automobile, though not admissible in evidence as an offer of compromise, is admissible as impliedly recognizing the liability of the one making the offer.</p> <p>Highways (52, 59) — Collision—Contributory Negligence — Instructions. In an action for damages for collision between automobiles, it is proper to instruct that, though defendant may have been guilty of negligence, if plaintiff was aware of it in time so that by ordinary care he could have avoided the effect of such negligence and did not do so, plaintiff could not recover; and that in determining whether plaintiff was negligent the jury should take into consideration the circumstances surrounding him at the time and whether he acted as an ordinarily careful person would under the circumstances.</p> <p>Trial (118) —Misconduct of Jury — Separation. Separation of