Coldeen v. Reid

Citations

• 107 Wash. 508
• 182 P. 599
• 1919 Wash. LEXIS 797

Syllabus

<p>Sheriffs and Constables (36)—Wrongful Killing—Action on Bond—Evidence—Sufficiency. In an action on a sheriff’s official bond for the wrongful death of a person shot by a deputy sheriff in attempting to make an arrest, evidence warranting a finding that deceased met his death from a shot from the deputy’s revolver under circumstances affording no justification, makes a question for the jury, notwithstanding that it was directly opposed by defendant’s evidence.</p> <p>Same (36)—Wrongful Death—Evidence—Admissibility. In an action on a sheriff’s official bond for the wrongful death of a person shot by a deputy sheriff in attempting to make an arrest, defendants are entitled to show the officer’s belief that deceased was committing a felony, where there were sufficient facts to make it a question for the jury whether or not the officer had reasonable ground to believe that the deceased was in the act of committing a felony.</p> <p>Arrest (6)—Authority—Force—Misdemeanor. In attempting to make an arrest for a misdemeanor, police officers have no warrant to maim or kill a person who attempts to escape.</p> <p>Appeal (140)—Exceptions—Exclusion of Evidence. Under Rem. Code, § 385, no formal exception is necessary to the ruling of the court rejecting evidence.</p> <p>Same (142)—Exceptions—To Instructions. No exception to the refusal to give an instruction is necessary to preserve an objection to the exclusion of evidence after objections and ruling made at the trial.</p> <p>Same (142). After error in refusing to give a requested instruction, exceptions to the instructions given are not necessary to preserve the question.</p> <p>New Trial (34)—Grounds—Newly Discovered Evidence. Where plaintiff’s evidence was self-contradictory, and there was serious room for doubt, a new trial should be granted, upon disclosing supporting evidence which could not, with reasonable diligence, have been discovered before the trial.</p>