Bernard v. City of North Yakima

Citations

• 80 Wash. 472
• 141 P. 1034
• 1914 Wash. LEXIS 1334

Syllabus

<p>Atpeal—Review—Discretion—New Trial. Under Rem. & Bal. Code, § 399, authorizing a new trial when the damages are “excessive or inadequate,” the grant of a new trial because of inadequate damages will not be reviewed except for abuse of discretion.</p> <p>New Trial—Grounds—Inadequate Damages — Discretion. It is not an abuse of discretion to grant a new trial on account of inadequate damages, in an action for the death of a minor child, where the jury awarded plaintiff but fifteen dollars, the amount paid out for burial expenses, and there was evidence of pecuniary loss.</p> <p>New Trial—Conditions—Increasing Amount. The grant of a new trial on account of inadequate damages may be made conditioned on the appellant’s refusal to consent to a judgment in a larger sum.</p>