Callihan v. Washington Water Power Co.

Citations

• 27 Wash. 154
• 56 L.R.A. 772
• 67 P. 697
• 1902 Wash. LEXIS 375

Syllabus

<p>MOTION FOR NEW TRIAL-DISCRETION OF COURT-REVIEW ON APPEAL.</p> <p>The action of the trial court in refusing a motion for a new trial based upon the fact that the record in the case showed fraud in the preparation and conduct of the defense, corruption on the part of the jury, and undue influence brought to bear on them, will not be disturbed on appeal, without an affirmative showing that the court abused its discretion in aenying the motion, since the trial court is better able to interpret file actions of witnesses and jurors than an appellate court, altnough the latter may be in possession of the full testimony and record in the case.</p> <p>STREET RAILWAYS — INJURY TO ALLEGED PASSENGER — EVIDENCE-CONDUCTOR’S TRIP REPORT.</p> <p>In an action for damages against a street car company by a woman found lying in the street and who claimed that she was injured when alighting from a car, but who, according to the defendant’s claim, had not been a passenger, the conductor’s trip report showing the number of passengers on the trip the woman claimed to have been on, and that they all paid cash fares, is admissible in evidence, where the woman claimed to have paid her fare by a transfer slip from another line, since such trip report, being made by the conductor in the regular course of duty at the end of each trip, and entered up prior to any knowledge on his part that it would prove a material fact in the case, would not fall under the rule excluding self-serving declarations.</p>