Caughren v. Kahan

Citations

• 86 Wash. 356
• 150 P. 445
• 1915 Wash. LEXIS 1205

Syllabus

<p>Trial — Province of Court and Jury — Directins Verdict or Judgment. A directed verdict, or judgment notwithstanding the verdict, can only be granted where the court can say, as a matter of law, that there is neither evidence, nor reasonable inference from evidence, to sustain the verdict of the jury.</p> <p>Principal and Agent — Authority of Agent — Implied Authority • — Evidence—Sufficiency. The evidence warrants a finding that an agent and bookkeeper of a firm of railroad contractors had implied authority to sell scrap iron, where it appears that he had repeatedly sold scrap iron from his employer’s yards to the same purchaser, who on one occasion had been authorized to negotiate with the agent therefor; and it is immaterial that the agent absconded without accounting for the proceeds.'</p> <p>Trial — Instructions—“Preponderance of Evidence.” It is not error to instruct as to the preponderance of the evidence, that what is meant is the best evidence — that which appeals to the jurors’ intelligence as being the most probable, and as establishing certain facts.</p> <p>Principal and Agent — -Authority of Agent — Evidence—Custom. Upon an issue as to the authority of an agent and bookkeeper for railroad contractors to sell scrap iron, it is not admissible to prove a custom or usage in that city for railroad contractors generally to have a man in charge of the office authorized to sell and dispose of such material; in view of the fact that the contractors were not merchants or engaged in trade.</p> <p>Principal and Agent — Authority of Agent — Implied Authority —Instructions. Instructions, considered as a whole, held to properly state the rules relating to the apparent or implied authority of an agent of railroad contractors to sell scrap iron to one who had previously made purchases from such agent.</p> <p>Appeal — Review—Discretion—New Trial. The discretion of the trial court in refusing to grant a new trial will not be disturbed on appeal, where there was some evi