Loy v. Northern Pacific Railway Co.

Citations

• 77 Wash. 25
• 137 P. 446
• 1913 Wash. LEXIS 1889

Syllabus

<p>Appeal — Review—Verdicts. A verdict supported by substantial evidence, cannot be set aside on appeal because against the weight of the evidence, where the trial court refused to grant a new trial for insufficiency of the evidence.</p> <p>Appeal — Record—Remarks of Counsel — Affidavits—Statement of Facts — Necessity. Error cannot be assigned on misconduct of counsel in argument to the jury, where the remarks were not taken down or reduced to writing and preserved in the record, but were shown only by affidavits on a motion for new trial, denied by counter affidavits, and not certified by the trial judge and made a part of the statement of facts.</p> <p>Trial — Special Interrogatories — Discretion. Whether interrogatories or special findings shall be submitted to a jury is a matter entirely within the discretion of the trial court.</p> <p>New Trial — Misconduct of Jury — Quotient Verdict. The rendition of a “quotient” verdict, in an action for damages, is not ground for a new trial, where it does not appear that the jurors had agreed in advance to be bound by the quotient, each having merely stated the amount he deemed proper, and after the quotient was ascertained, the requisite number agreeing to accept the same.</p> <p>Damages — Personal Injuries — Excessive Verdict. The damages in a personal injury case will not be held excessive where, if the plaintiff’s evidence is believed, there was substantial evidence to sustain the amount of the verdict.</p>