Eoff v. Spokane, Portland & Seattle Railway Co.

Citations

• 70 Wash. 270
• 126 P. 533
• 1912 Wash. LEXIS 1042

Syllabus

<p>Damages — Personal Injuries — Measure of Damages — Dependent Family. In an action for personal injuries, it is not prejudicial error to allow the plaintiff to state that he is a man of family, consisting of a wife and three children, where it was not accompanied by proof of dependency of the family; as it is of a preliminary nature and weighs upon his credibility and good faith.</p> <p>Appeal — Review—Evidence—Harmless Error. In a personal injury case, error, if any, in permitting the plaintiff to testify that he had a wife and three children is not prejudicial, where it was shown by other evidence that he had a home and wife.</p> <p>Damages — Personal Injuries — Excessive Verdict. Where a verdict for $10,000 for personal injuries resulting in traumatic neurasthenia was set aside as excessive, and on a retrial, a like verdict was rendered, the liability being admitted and the sole issue being the amount of damages, and it was not contended that the injuries were trivial, the verdict should not be set aside as excessive, when supported by plaintiff’s evidence and by part of the expert witnesses.</p>