Simonson v. Huff

Citations

• 124 Wash. 549
• 215 P. 49
• 1923 Wash. LEXIS 957

Syllabus

<p>Municipal Corporations (389) — Use of Streets — Accident at Crossing — Negligence—Evidence—Sufficiency. The negligence of a stage driver who struck and killed a boy at a street intersection, is a question for the 'jury, where he was driving on the left side of the road, on a wet and slippery pavement, at such speed that he could not control his car at the intersection, his view of pedestrians being obscured by a street car.</p> <p>Same (391) — Contributory Negligence — Question foe Jury. Whether a boy, struck by an auto stage approaching a street intersection on the left side of the street, was guilty of contributory negligence in not looking to the left after reaching the center of the street, was a question for the jury, where he looked before starting to cross, and waited for the passage of a street car which obscured the view of the auto stage, approaching on the wrong side of the street.</p> <p>Witnesses (74) — Cross-Examination — Score — Occupation or Business. It is error to exclude, on cross-examination, testimony as to the occupation of a witness, since it may affect his credibility.</p> <p>Appeal (457) — Review—Harmless Error — Exclusion of Evidence. Error cannot be assigned on the exclusion of cross-examination as to the occupation of witness, to affect his credibility, in the absence of an offer to prove that his answer would have had the effect of discrediting him.</p> <p>Evidence (195) — Opinion Evidence — Matters of Common Knowledge. The jury being able to form its own conclusions from the facts, it is inadmissible to ask a passenger in an auto stage his opinion as to the manner in which it was driven and whether it was proper for the driver to apply the brakes as he did.</p> <p>Same (101) — Declarations—Admissions Against Interest. In an action for death against a firm operating an auto stage, of which the driver was a member, the driver’s statement, made to witness on the following day, that maybe he was to blame, is admissible as an admission ag