Heasley v. Nichols

Citations

• 38 Wash. 485
• 80 P. 769
• 1905 Wash. LEXIS 1195

Syllabus

<p>Jurors—Qualifications—Bias—New Trial—Prejudice Presumed When. A juror is disqualified, and a new trial is a matter of right, where he had expressed opinions as to the merits of the controversy and was biased and unfair, and concealed the fact by false swearing on his voir dire; and injury is conclusively presumed when it is shown that he was in favor of returning a verdict against the appellant, although he did not agree to the verdict returned because he thought it was excessive.</p> <p>Same—Acceptance of Juror—Waiver. Acceptance of a juror in reliance upon his sworn statements on his voir dire, does not waive his disqualification for actual bias concealed by his false swearing.</p> <p>Marriage—Breach of Promise—Damages—Evidence—Plaintiff’s Social Condition. In an action for breach of promise of marriage, it is competent for the plaintiff to show that her stepfather was a drunkard and abused her, and that her home surroundings were not agreeable, and that defendant knew of such fact, since her social and financial condition may be shown in connection with defendant’s, as affecting the advantages of the contract and her damages.</p> <p>Same—Mitigation of Damages—Defendant’s Offer to Marry After Action Brought. In an action for breach of contract of marriage the defendant cannot show, in mitigation of damages, that he offered to marry the plaintiff after the commencement of the action.</p>