Stowe v. La Conner Trading & Transportation Co.

Citations

• 39 Wash. 28
• 80 P. 856
• 1905 Wash. LEXIS 806

Syllabus

<p>Damages—Special—Allegation of—Sufficiency—Personal Injuries—Services of Wife as Nurse. In an action for personal injuries, the value of a wife’s services as a nurse cannot be recovered unless specially pleaded, and evidence thereof is incompetent under an allegation of damages for expenses incurred for medicines and medical treatment, regardless of any motion to make the complaint more definite and certain.</p> <p>Damages—Measure of—Loss of Time—Value. In an action for personal injuries, it is competent to prove the reasonable compensation of a man engaged in ordinary labor in the business engaged in by the plaintiff.</p> <p>Same—Pain and Suffering—Instructions. In an action for personal injuries, an instruction to the effect that there can be no fixed measure of compensation for pain and suffering nor for loss of time, is not prejudicial when coupled with correct instructions as to the amount to be awarded therefor.</p> <p>Damages—Evidence—Other Accidents—Cross-Examination. In an action for personal injuries where the appellant’s counsel asked a witness if there was any similar injury to another person at the same time and place, the appellant cannot complain if the same inquiry was pursued on cross-examination of the witness.</p> <p>Same—Ownership of Premises. In an action for personal injuries sustained in falling from a dock, cross-examination of a witness as to the ownership of the dock is properly excluded when foreign to the subject-matter of the testimony in chief.</p> <p>Same—Liability of Other Parties—Instructions. In an action against the owner of a vessel for personal injuries sustained by a passenger in falling from a dock, an instruction to the effect that the plaintiff also had a cause of action against the owner of the dock, who was not a party to the suit, is properly refused.</p> <p>Appeal — Review — New Teial — Conflicting Evidence. Where there is a substantial conflict in the testimony, the verdict and a denial of a new trial are conclusive up