Roberts v. Pacific Telephone & Telegraph Co.

Citations

• 93 Wash. 274
• 160 P. 965
• 1916 Wash. LEXIS 1203

Syllabus

<p>Limitation op Actions — Running op Statute — Insanity of Plaintiff — Burden of Proof. In an action for personal injuries, in order to toll the statute of limitations by reason of insanity, the burden of proof is upon the plaintiff to show by clear and convincing evidence that on the day he received his-injuries, he became and was insane and incapable of transacting ordinary business and that the condition continued for the period necessary to toll the statute.</p> <p>Damages — Actions-—Instructions—Insanity op Plaintiff. In an action for personal injuries alleged to have caused plaintiff’s temporary insanity, brought by him as a competent person in his own name, the jury should be instructed that they cannot find the plaintiff now insane, when, from his testimony, the jury might have found him insane at the time of the trial and thus enhanced his damages.</p> <p>Same. In such a case, it is error to instruct that insanity once established is presumed to continue until the contrary is shown, where that was contrary to the allegation of the complaint and would permit plaintiff to begin an action as a sane man and recover damages on the ground that he was insane.</p> <p>Same — Evidence—Insanity—Commitment. Upon an issue as to plaintiff’s temporary insanity caused by injuries, his commitment to the state insane asylum, conformable to Rem. 1915 Code, § 5953, is admissible in evidence as to his insanity at that time.</p> <p>Same — Instructions—Insanity. In such case, an instruction as to the presumption of the continuance of insanity should be limited to the period of his confinement therefor, and the jury should be told that the commitment papers were not conclusive long prior to the time of the commitment.</p> <p>Limitation of Actions — Running of Statutes — Insanity of Plaintiff — Bubden of Proof — Instructions. In an action for personal injuries, in which, the plaintiff sought to toll the statute of limitations by reason of insanity caused by the injuries, the jury