Rowell v. Eldridge Buick Co.

Citations

• 118 Wash. 697
• 204 P. 772
• 1922 Wash. LEXIS 707

Syllabus

<p>Trial (97) — Instructions—Matters Not Sustained by Evidence. In an action for personal injuries resulting from being struck by an automobile on alighting from a street car, it was error for the court to instruct the jury respecting provisions of an ordinance covering safety zones for street car passengers, where such ordinance was not in effect at the time of the accident.</p> <p>Appeal (386) — Review—Right to Allege Error — Admissions in Answer. The appellate court cannot disregard a matter not presented to it until, the filing of a reply brief, where the record shows it had been raised by objection in the trial court.</p> <p>Pleading (56) — Answer—Admissions. Where an ordinance not in existence at the time of an accident is pleaded as a fact, an answer admitting the passage of such ordinance as of a date subsequent to the accident, does not preclude the right to raise the objection that it was non-existent when the accident occurred.</p>