Brennan v. City of Seattle

Citations

• 46 Wash. 427
• 90 P. 434
• 1907 Wash. LEXIS 632

Syllabus

<p>Trial — New Trial — Misconduct of Juror — Appeal—Harmless Error. In an action for injuries sustained through a fall on a sidewalk, which was torn up preparatory to laying a cement walk, a statement of a juror, who visited the premises, as to whether the curb had been raised or lowered, as it looked to him during the trial, which was three years after the accident, is not prejudicial error or ground for, new trial, on the ‘ground that it contradicted the testimony of a witness, where the court instructed the jury to disregard stich statement, and when the question whether the curb had been raised or lowered was entirely immaterial.</p> <p>Trial — New Trial — Misconduct of Counsel — Appeal—-Harmless Error. Misconduct of counsel in argument in referring to a decision of the supreme court upon a former appeal is not reversible error or ground for a new trial, where, upon objection, the court instructed the jury to disregard the same, and both sides had made repeated reference to the decision, and where no abuse of discretion in refusing a new trial on that ground appears.</p> <p>Appeal — Review—Verdicts. A verdict of a jury will not be set aside where the weight of the evidence and the credibility of the witnesses was for the jury, and the trial court denied a new trial.</p>