Puget Sound Electric Railway v. Carstens Packing Co.

Citations

• 76 Wash. 364
• 136 P. 117
• 1913 Wash. LEXIS 1819

Syllabus

<p>Appeal — Review—Verdict. Upon a substantial conflict in the evidence, the verdict will not be disturbed on appeal.</p> <p>Evidence — Materiality—Cause of Wreck — Method of Loading Cars. In an action by an electric railway company to recover for repairing cars for the defendant, in which the defendant counterclaimed, claiming that the cars were wrecked through the fault of the plaintiff and their contents injured, an offer hy defendant to prove that the plans of the cars had been approved by the plaintiff, is properly rejected, where the approval was given long before the wreck, and where the plaintiff’s traffic manager had complained that the defendant’s cars were not being properly loaded, and the loading was done without plaintifi’s intervention.</p> <p>Same — Similab Occubbences. In such a case, evidence that the defendant’s cars, loaded in the same way, were handled hy a steam railroad, is inadmissible, where the conditions on such road were not the same as upon plaintiff’s electric railway.</p>