Washington Reports; Cases Determined in the Supreme Court of Washington Volume 42 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...necessary in such a case. He was neither required to exercise the highest degree of skill nor the highest degree of care, but only such as are recognized as ordinary and reasonable by the standards of his profession. The issue was made before the jury that he did not do this, and that his failure in that regard was the responsible cause of the final and serious result to respondent. Respondent was forty-four years of age at the time of the trial, and it was admitted that his life expectancy at the time of his injury was twenty-six years. He had no settled occupation, but had. before been variously employed at farming, in the livery business, and as a driver of teams. The value of his earning power should probably be viewed from the standpoint of a common laborer; but viewed from that standpoint, we think we should not undertake to say that the verdict was excessive. To pass through twenty-six years of life without a foot is a condition that we may assume no man, however humble his occupation, would be willing to accept for $5,000. There is seldom a case of this kind, or even one for ordinary personal injuries, when there does not seem to be some element of hardship either way the case may be decided; but such cases are triable by a jury, and when so tried, if there is reasonable evidence to support the verdict, it should not be reduced unless it is manifestly too large, when all the facts and cir Opinion Per Duncan, J. 42 Wash. cumstances are considered. We cannot say that such is true of this one. No errors are assigned upon the introduction of evidence, the instructions of the court, or other matters occurring at the trial. The judgment is therefore affirmed. MQUNT, C. J., FULLERTON, Cnow, and DUNBAR, JJ., eoncur. No. 6037. Decided...