Reames v. Heymanson

Citations

• 109 Wash. 132
• 186 P. 325
• 1919 Wash. LEXIS 974

Syllabus

<p>Damages (98)—Pleading—Variance—General ok Special—Personal Injury. In an action for personal injuries, where the effects of the accident upon the plaintiff’s eyes resulting in a diminution of vision were fully set forth in the complaint, it is competent for an expert to give his opinion that the diminution of vision was the result of a fracture of the skull, although such fracture was not specially pleaded, there being no suggestion of surprise, defendant’s witnesses having examined plaintiff and being of the opinion that there was no fracture.</p> <p>Municipal Corporations (392)—Trial (101)—Use of Streets— Contributory Negligence—Instructions. In view of defendant’s requested instructions as to plaintiff’s duty to look for approaching vehicles while on a cross-walk, and of evidence tending to show that he was struck by defendant’s 'car while on the sidewalk, failure to give further instructions as to his contributory negligence, if he failed to look for a car while on the cross-walk, is not prejudicial error.</p>