Crowley v. Taylor

Citations

• 49 Wash. 511
• 95 P. 1016
• 1908 Wash. LEXIS 610

Syllabus

<p>Trial — Conduct of Judge — Cosiments. The statement in an instruction to a jury that this is an action to recover money lost at gambling is not an unlawful comment on the evidence.</p> <p>Appeal — Review—Harmless Error.* Where one of two defendants defaults, it is not prejudicial error to instruct the jury that he failed to answer and defaulted.</p> <p>Same — Instructions—Gaming. In an action to recover money lost at gambling, the defendant cannot complain on appeal that the jury were restricted to the consideration of gambling at a certain place, as it was error favorable to appellant.</p> <p>Gaming — Defenses—Ownership of Money Lost. It is no defense to an action to recover money lost at gambling that the same was not the property of the plaintiffs.</p> <p>Appeal — Review—New Trial — Discretion. The refusal of a new trial for newly discovered evidence will not be allowed except,for abuse of discretion.</p> <p>Appeal — Review—Harmless Error — Gaming. In an action to recover money lost in gambling, it is harmless error to exclude evidence that the defendants operated a large number of gambling games in the room in question, or that the defendant had pleaded guilty in a criminal prosecution, where the jury found for the plaintiffs and the appeal only involved the amount of the recovery, the appellants claiming that the same was too small.</p>