Welch v. Fransioli

Citations

• 46 Wash. 530
• 90 P. 644
• 1907 Wash. LEXIS 656

Syllabus

<p>Negligence — Pleading—Complaint—Making More Specific. In an action for negligently causing the death of a horse, a motion to make the complaint more definite and certain is properly overruled where the acts of negligence are set forth with more than common particularity.</p> <p>Same — Evidence—Relevancy—Similar Conditions. In an action for negligently overdriving a horse, it is not error to exclude a question by defendant as to whether a witness had not driven the distance in less time with one horse, where the horse in question was one of a heavy coach ream drawing a heavy huggy with four passengers, and where defendant was not deprived of showing the time in which the sanie could he safely driven with similar rigs.</p> <p>Same — Cause of Injury to Horse — Expert Evidence — Care Required — Appeal—Harmless Error. In an action for negligently overdriving and causing the death of a horse, evidence of veterinary surgeons as to the proper treatment for a sick horse is not prejudicial error where it was introduced for the purpose of showing the condition of the horse and the cause of its death; especially where, in order that the jury he not misled, they were instructed that the defendant need not have the knowledge or experience of an expert horseman or veterinary surgeon, hut only that of an ordinarily careful man.</p> <p>Trial — Nonsuit—Conflicting Evidence. A nonsuit is properly denied where there was sufficient competent evidence to sustain the verdict, although the same was conflicting.</p>