Purdy v. Sherman

Citations

• 74 Wash. 309
• 133 P. 440
• 1913 Wash. LEXIS 2045

Syllabus

<p>Highways — Use — Negligent Driving — Ownership of Vehicle— Question for Jury. In an action for damages caused by an automobile, ownership of the automobile establishes prima facie that it was driven for and in the possession of the owner, making a question for the jury, although the driver testified that he was operating it upon an independent percentage basis.</p> <p>Same — Damages—Speculative Damages. In an action for injuries sustained by a physician in an automobile collision, plaintiff’s loss of a prospective surgical operation which he was hindered from performing is too remote and speculative to form the basis of a recovery.</p> <p>Trial — Verdict—Impeachment and Explanation — Affidavit of Juror. Where, in an action for damages, the evidence and instructions improperly submitted to the jury an item which was too remote and speculative to form the basis of a recovery, the error cannot be shown to he harmless by an affidavit of a juror that the item was not considered, as it would show disobedience to the instructions and he an impeachment of the verdict.</p>