Juul v. Kitsap Transportation Co.

Citations

• 55 Wash. 156
• 104 P. 191
• 1909 Wash. LEXIS 726

Syllabus

<p>Witnesses — Examination—Impeachment—Time — Order oe Evidence. It is not an abuse of discretion to permit the recall of defendant’s witness, after defendant rested, for the purpose of asking impeaching questions which should have been asked on cross-examination, where but a short time had elapsed and defendant was allowed to call witnesses and was denied no right or privilege.</p> <p>Same — Materiality oe Impeaching Questions. In an action for injuries sustained by the alleged pulling in of a gang plank, upon which plaintiff was walking off a boat, where a witness for defendant testified that he was ahead of the plaintiff, and that plaintiff fell by reason of tripping on the witness’ feet after getting clear of the plank, it is proper to allow impeaching questions tending to show that witness stated shortly after the accident that he felt the plank slipping before he reached the dock.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for personal injuries for $5,000, reduced by the trial court to $3,000, is not excessive, where plaintiff’s nose was broken, his foot permanently injured, and he was incapacitated for twelve weeks, losing wages at $2.50 per day.</p>