Carter v. City of Seattle
Carter v. City of Seattle
Opinion of the Court
Plaintiff sued to recover damages for injuries sustained by falling from a sidewalk into a hole in an alley at a point where said alley joined the street. Erom the judgment in his favor based upon the verdict of the jury, the city has appealed. At the trial of the cause, evidence was given which tended to show that the plaintiff was intoxicated at the time of receiving the injury. In rebuttal, plaintiff testified that he had not been drinking on the evening of the accident, and also introduced three witnesses, who were permitted over the objection of the appellant, to testify to his “ general reputation and character for sobriety.” The admission of this latter testimony
Respondent claims that there was no issue as to intoxication, and urges that all testimony as to intoxication was immaterial. We think this position is not well taken. In addition to a general denial, the answer alleged contributory negligence. There was no motion to make the answer more specific, and the evidence as to intoxication was received at the trial without any objection. Tor either of these reasons, the objection now urged by respondent comes too late.
Tor the error above noticed the judgment must be reversed, and the cause remanded for a new trial.
Reference
- Full Case Name
- John C. Carter v. City of Seattle
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- ACTION FOR PERSONAL INJURIES — PLEADING AND PROOF — CONTRIBUTORY NEGLIGENCE — EVIDENCE. In an action to recover for personal injuries alleged to have been caused by defendant’s negligence, where evidence of plaintiff’s intoxication at the time of the injury has been admitted, the plaintiff, cannot, in order to rebut such evidence, prove his general reputation for sobriety. In a negligence case, in which defendant pleads a general denial, and also plaintiff’s contributory negligence, and there is no motion to make the answer more specific, evidence of plaintiff’s intoxication, as the cause of the injury received by him, is admissible.