Edwards v. Seattle, Renton & Southern Railway Co.

Citations

• 62 Wash. 77
• 113 P. 563
• 1911 Wash. LEXIS 652

Syllabus

<p>Appeal — Review—Verdict. A verdict supported by substantial evidence will not be disturbed on appeal because of conflict in tbe testimony.</p> <p>Pleading — Complaint — Supplemental Complaint. ■ Notwithstanding Rem. & Bal. Code, § 308, allowing supplemental pleadings to show facts that occurred “after tbe former pleadings were filed,” it is not error to permit a supplemental complaint to show facts that arose subsequent to tbe commencement of tbe action but prior to tbe filing of an amended complaint, and witbin tbe pleader’s knowledge at tbe latter date, in view of tbe common law rule and tbe liberal rules of pleading enjoined by tbe code.</p> <p>Continuance — Pleading—Supplemental Complaint. In tbe absence of special showing of prejudice, it is not error to deny a continuance to tbe defendant upon allowing plaintiff to file a supplemental complaint, where a reasonable time appears to have elapsed before tbe date of tbe trial.</p> <p>Appeal — Harmless Error — Trial—Instructions. Tbe giving of an instruction that is too broad is not error where other instructions embodying tbe limitations thereon were properly given.</p> <p>Same. It is not error to refuse a requested instruction covered in tbe general charge.</p> <p>Trial — Misconduct of Judge. It is witbin tbe province of tbe trial judge to make plain to tbe jury by suggestions to counsel matters that were left obscure, without being open to a charge of manifest partiality.</p> <p>Same. A tender by the judge of a pillow and blanket to attendants of an injured party is not an undue manifestation of sympathy in the presence of the jury.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $8,500 for injuries to a passenger alighting from a street car, who six months thereafter was merely suffering from curable neurasthenia, is excessive and should be reduced to $5,500.</p>