Caldwell v. Northern Pacific Railway Co.

Citations

• 62 Wash. 420
• 113 P. 1099
• 1911 Wash. LEXIS 718

Syllabus

<p>Carriers- — Passengers—Actions—Instructions. In an action by a passenger against a railroad company for breach of its contract of carriage, it is proper to instruct the jury as to the duty of the carrier to furnish seats, where the plaintiff contended that she was compelled to sit on the floor of a car for want of.suitable seats.</p> <p>Appeal — Review—Harmless Error — Instructions. In an action against a carrier a specific instruction is not objectionable as failing to point out the distinction between unintentional and wanton wrong, where by another instruction the jury were told that to recover more than nominal damages wanton or wilful disregard of plaintiff’s rights must be shown.</p> <p>Appeal — Review —Verdicts —Excessiveness—Successive Verdicts — Damages. Although a verdict for $1,000 for insults to a passenger was set aside as excessive, a second verdict for $1,200, on much the same evidence, will not be set aside for excessiveness, where it is not probable that a third trial would result differently.</p>