Switzer v. Sherwood

Citations

• 80 Wash. 19
• 141 P. 181
• 1914 Wash. LEXIS 1255

Syllabus

<p>Pleadings—Complaint—Definiteness—Bill of Particulars. A complaint for injuries sustained in a collision with an automobile is sufficiently definite and certain, and not subject to a demand for a bill of particulars, where it alleges the ultimate and issuable facts, charging that the defendants negligently lost control of the automobile, and carelessly approached a street crossing without giving warning or slackening their speed, and drove the automobile out of the traveled track, and negligently permitted it to collide with the plaintiff, due to the negligent manner of operation.</p> <p>Appeal—Harmless Error—Pleadings—Amendments. Error in ruling on the sufficiency of the complaint is harmless where there was a full trial on the merits, as the complaint will be deemed amended to conform to the proof.</p> <p>Municipal Corporations—Use of Streets—Collision—Defenses —Failure to Obtain License. The operation of a motorcycle without first having obtained a license, in violation of Rem. & Bal. Code, §§ 5562-5566, does not bar an action to recover for personal injuries sustained in a collision with an automobile, as there was no causal connection between the acts.</p> <p>Master and Servant—Liability to Third Persons—Scope of Employment—Child as Servant of Parents—Driving Automobile. A community, consisting of husband and wife, the owner of an' automobile used for the pleasure of their family and the business of the community, is liable to third persons for injuries sustained through the negligent driving of a daughter, using the car with the consent of the parents, whether it was driven for pleasure or business.</p> <p>Appeal—Review—Verdict. A verdict supported by conflicting evidence is conclusive on appeal.</p>