Swanson v. Pacific Shipping Co.

Citations

• 60 Wash. 87
• 110 P. 795
• 1910 Wash. LEXIS 1014

Syllabus

<p>Appeal — Record—Affidavits. Unless an affidavit in support of a motion is attached thereto and clearly identified, it must be incorporated in a statement of facts or bill of exceptions in order to he considered on appeal.</p> <p>Same — Appeal — Record — Review — Findings. A finding, on a motion to quash service of summons on a foreign corporation, that it was doing business in this state will not be disturbed on appeal In the absence of the record on which the finding was based.</p> <p>Abatement and Revival — Wrongful Death — Survival of Action —Substitution of Widow. Under Rem. & Bal. Code, §194, upon the death of a plaintiff, suing for personal injuries from which he •afterwards died, his wife and minor children are properly substituted as parties plaintiff, to recover the damages which the plaintiff would have been entitled to had he lived.</p> <p>Same — Construction. Rem. & Bal. Code, § 194, providing that no action for personal injuries to any person occasioning his death shall abate by reason of his death if he leaves a wife or child, was not restricted to mean that no action commenced for wrongful death shall abate, by reason of the enactment at the same session of Id., § 183, as originally enacted, giving a widow and children an independent right of action for the wrongful death of the husband and father; but these sections are independent of 'each other.</p> <p>Appeal — Review—Harmless Error — Trial — Comment on Evidence. A suggestion by the trial judge to change the form of a hypothetical question to harmonize with uncontradicted evidence then admitted is not prejudicial error as comment on the evidence, where the jury was cautioned to disregard any statement of the court and any mistake made was promptly corrected.</p> <p>Evidence — Personal Injuries — Res Gestae — Admissibility. In •an action for personal injuries through the negligent acts of members of a ship’s crew, a remark made by the captain of the vessel at ■the time to the effect that the crew