Deitchler v. Ball

Citations

• 99 Wash. 483
• 170 P. 123
• 1918 Wash. LEXIS 674

Syllabus

<p>Evidence—Documentary Evidence—Diagram. It is admissible to introduce in evidence a diagram to illustrate the evidence, although it was not accurate.</p> <p>Trial—Order oe Evidence—Recalling Witnesses. The order of the evidence is within the discretion of the court, so that witnesses who testified and were excused may be recalled.</p> <p>Highways—Use—Contributory Negligence. It is not contributory negligence for a person who was standing close to his car, stopped upon a portion of the paved way where he had a right to he, to fail to take notice of passing cars while occupied in putting up the top of his car.</p> <p>Same—Use—Automobiles—Negligence. The driver of an automobile is guilty of negligence where it appears that, at night, he approached cars standing at the side of the road, at a speed of twelve or fourteen miles per hour after seeing them seventy feet away, knowing that the roadway was partially blocked, and applied his brakes too quickly, causing his car to skid on the slippery pavement, colliding with a man standing close to one of the cars.</p> <p>New Trial—Newly Discovered Evidence—Cumulative Evidence. Where the principal issue was whether defendant’s car had collided with and injured the plaintiff, newly discovered evidence of two witnesses that another car had done the injury is merely cumulative, and not ground for a new trial.</p> <p>Damages—Personal Injuries—Excessive Verdict. A verdict for $1,000 for injury to the legs which was not permanent, confining plaintiff to his bed for two weeks and requiring crutches for a time, is excessive and should be reduced to $500, where plaintiff was not engaged in remunerative employment.</p>