Knutson v. Moe Bros.

Citations

• 72 Wash. 290
• 130 P. 347
• 1913 Wash. LEXIS 1925

Syllabus

<p>Evidence — Testimony at Former Triad — Certification of Writing-Notice — Admissibility. Under Rem. & Bal. Code, § 1247, providing that the testimony of an absent witness, given in at a former trial, when reported by a stenographer and certified by the trial judge upon three days’ notice, may be given in evidence, it is not necessary that notice be given of an intention to recertify testimony that was certified by the trial judge to be used on an appeal.</p> <p>Evidence — Hypothetical Questions — Variance—Materiality . It is not a material variance between the facts of the case and a hypothetical question, that the plaintiff reached camp unaided by walking and crawling half a mile instead of being taken there; nor that he was attended by a physician at Seattle, instead of being taken home from Seattle; nor that he was “laid up” at home about a month, instead of “staying at home in bed for about a month.”</p> <p>Trial — Objections to Evidence — Scope and Questions Raised. An objection to a hypothetical question of some length, and stating several hypotheses, in that it contained a “mass of irrelevant matter,” and that the “hypothesis stated” is not supported by the evidence, is too general; since appellant should have pointed out the matter to be eliminated and wherein the “hypothesis stated” was not borne out by the evidence.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $5,000 for personal injuries sustained by a logger, struck on the head by a log, is so excessive as to show passion and prejudice, and should be reduced to $2,500, where it appears that plaintiff returned to his work in less than a month and continued therein for nearly a year at an increased wage, without any complaint for injury to his back or permanent disability, or any treatment except for a scalp wound; and in a written statement for membership in a lodge, he represented that he was well and sound.</p>