Russell v. Seattle, Renton & Southern Railway Co.

Citations

• 47 Wash. 500
• 92 P. 288
• 1907 Wash. LEXIS 796

Syllabus

<p>, Carriers — Injury to Passenger — Pleading — Instructions. Where the complaint only alleges negligence of a carrier in causing a collision of two of its street cars in the most general terms, the defendant is not entitled to an instruction that the plaintiff’s proof must be confined to the specific allegations of the complaint.</p> <p>Same—Presumptions-—Burden' of Proof. Where a carrier admits a collision of two of its street cars, negligence is presumed, and the burden of proof is upon the defendant to show some other cause.</p> <p>Damages—Personal Injuries—Excessiveness. A verdict upon conflicting evidence for $500 for injuries to an ankle, sustained in jumping from a street car about to collide with another, will not be held excessive, when the court is not justified in disturbing the verdict.</p>