143 Northern PR Co v Hess Appellants Reply

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143 Northern PR Co v Hess Appellants Reply

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title: Northern Pacific Railroad Company, Appellant vs Morton R Hess and Kate Hess, Appellees, Reply brief for Appellant.

title: 143

creator: Northern Pacific Railroad Company

contributor: Mitchell

contributor: Ashton

contributor: Chapman

contributor: N. T. Caton

date: 1891-01

publisher: Washington State Supreme Court

type: Civil

subject: Remedies

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, Lincoln County.Railroads – Accidents to Passengers – Negligence – Instructions – Pleading – In an action by a passenger for injuries received from the falling of an upper berth in a “free emigrant car” while she was away from her seat warming herself at the stove, it is not necessary for her to plead and prove the necessity for leaving her seat, as contributory negligence is a matter for the defense to establish.Where plaintiff testified she thought it was a brakeman who raised the berth which afterward fell and crushed her fingers, and letters written by her to the company soon after the accident were put in evidence, in one of which she said she was injured through the negligence of an employé of the company, and in another she stated that it was a newsboy who raised the berth, there was sufficient evidence to sustain a verdict for plaintiff, as the jury might have believed from her testimony that it was a brakeman who negligently raised the berth.Although an instruction, standing alone, may be erroneous, yet it cannot be complained of, if the instructions, taken as a whole, fairly state the law applicable to the facts.Where the complaint contains an allegation that plaintiff has been compelled to pay a certain sum for medical treatment and nursing, evidence thereof is admissible, without being pleaded as a distinct cause of action.

relation: Northern P. R. Co. v. Hess, 2 Wash. 383 (1891)

relation: 26 P. 866

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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