Crandall v. Puget Sound Traction, Light & Power Co.

Citations

• 77 Wash. 37
• 137 P. 319
• 1913 Wash. LEXIS 1892

Syllabus

<p>Jury — Peremptory Challenge — Statutory Right. Defendants sued jointly for tort must join in their peremptory challenges, even when their interests are antagonistic, under Rem. & Bal. Code, § 324, providing that either party may challenge the jurors, but when there are several parties on either side, they shall join in a challenge before it is made; since their right of peremptory challenge is purely statutory, and must be exercised in the manner granted.</p> <p>Appeal — Review—Right to Complain — Instructions. Unnecessary repetition in instructions cannot be complained of, where there was unnecessary repetition in the instructions requested, and the repetitions were substantially as favorable to one side as to the other.</p> <p>Trial — Instructions—Measure of Damages — Limit—-Issues and Proof. It is prejudicial error to fail in the instructions to limit the recovery to the amount alleged, and to authorize recovery of an item of damages as to which there was no evidence, notwithstanding the amount awarded was less than the amount claimed; since the effect on the verdict cannot be determined.</p>