Rowe v. Whatcom County Railway & Light Co.

Citations

• 44 Wash. 658
• 87 P. 921
• 1906 Wash. LEXIS 895

Syllabus

<p>Appeal — Review—Exclusion oe Evidence — Harmless Error— Damages. Error in excluding an answer to a question as to whether an injury might result in curvature of the spine, is harmless where the witness made a full and complete answer thereto in answer to another similar question.</p> <p>Damages — Evidence—Fees oe Experts. Where a physician is appointed by the court to make a physical examination in a personal injury case, at the instance of the defendant, evidence as to the fees paid therefor is properly excluded as irrelevant and immaterial.</p> <p>Evidence — Fees op Expert. A question as to how much a medical expert is paid for testifying in “these cases” is properly excluded as assuming that the witness had testified for the .party in other cases than the one on 'trial, where there was no evidence of such fact.</p> <p>Evidence — Experts—Curvature of Spine. In an action for personal injuries resulting in alleged curvature of the spine, whether the test applied by other physicians to determine the fact of the curvature was a fair or proper test is a proper matter of opinion for a medical expert, which it is error to exclude as being a question for the jury to determine.</p> <p>Evidence — Rebuttal. A physician who testified on plaintiff’s case in chief that plaintiff had curvature of the spine, m'^y be asked in rebuttal whether the test applied by other physicians was a fair test, when he was not questioned in chief as to any tests.</p> <p>Appeal — Exceptions—To Instructions. An exception to “your Honor’s instructions as to the measure of damages” is not sufficient to raise a question as to one instruction, where there were several on the subject.</p> <p>Damages — Prospective Earning Capacity — Evidence—Proof Required — Instructions. It is error to instruct that it is incumbent upon the plaintiff, in a personal injury case, in order to recover for prospective damages for impairment of earning capacity, that the same must be established by clear and convincing pro