Forsyth v. Wallace

Citations

• 92 Wash. 523
• 159 P. 696
• 1916 Wash. LEXIS 783

Syllabus

<p>Damages — Evidence—Admissibility. In an action for damages for permanent physical disabilities, proof of plaintiff’s industrious habits is admissible.</p> <p>Trial — Reception of Evidence — Objections. In an action for personal injuries, an objection to evidence as irrelevant and immaterial is insufficient to raise the point that the matter was not pleaded.</p> <p>New Trial — Grounds—Newly Discovered Evidence. A new trial for newly discovered evidence is properly refused where diligence was not shown and the new evidence was merely impeaching.</p> <p>Damages — Personal Injuries — Future Suffering •— Pleading and Proof. In an action for personal injuries, recovery is properly allowed for such future pain and suffering as the plaintiff might reasonably be expected to endure in the future, although it was not alleged in the complaint, where the proof shows permanent injuries from which the plaintiff suffers pain up to and at the time of the trial.</p>