(DOWNLOAD) "Herndon v. City of Seattle" by Department One No. 28453 Supreme Court of Washington ~ Book PDF Kindle ePub Free
eBook details
- Title: Herndon v. City of Seattle
- Author : Department One No. 28453 Supreme Court of Washington
- Release Date : January 31, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
MILLARD, J. -- An automobile, proceeding west on Seneca street in the city of Seattle, September 22, 1940, collided, within the intersection of that street and Second avenue, with a street car proceeding south on Second avenue. As a result of that collision, plaintiff, a guest of the operator of the automobile, sustained [11 Wash2d Page 90] personal injuries. She instituted this action to recover against the city of Seattle because of those injuries. Trial of the cause to the court sitting with a jury resulted in verdict in favor of plaintiff. Defendant's motion for judgment notwithstanding the verdict was denied. On the ground, in the light of Palmer Inv. Corp. v. Seattle, 161 Wash. 460, 297 P. 783, that instructions Nos. 7 and 9 erroneously charged the jury respecting the relative duties of defendant's operator and the driver of the automobile, defendant's motion for new triil was granted. The trial court stated additional grounds for granting defendant's motion for new trial were error in the giving of instructions Nos. 10 and 11, and misconduct of a juror in going to the scene of the accident. The court stated that, if the juror's misconduct had been the only error committed, he would be hesitant in holding it sufficient to grant a new trial. The trial court also stated that, while there was some inconsistency between instructions Nos. 10 and 11, that might not be so seriously considered by the court were it not for the error in giving instructions Nos. 7 and 9 . From the order granting a new trial, and failure of the court to enter judgment on the verdict, plaintiff appeals.
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