Martin v. Jansen

Citations

• 113 Wash. 290
• 193 P. 674
• 1920 Wash. LEXIS 819

Syllabus

<p>Assault (3) — Evidence—Variance. Under a complaint charging an indecent assault on the 20th day of July, it is not a material variance to prove that it occurred on the 16th or 17th of August.</p> <p>Trial (77) — Instructions—Presumption as to Truth. In an instruction upon the credibility of witnesses, it is not an infringement of the province of the jury to state that all witnesses are presumed to testify to the truth.</p> <p>Assault — Elements—Indecent Assault. In an action for indecent assault, it is proper to refuse to instruct that the assault must have been made in a rude, angry and insolent manner.</p> <p>Damages (52) — Injuries to Person — Mental Anguish. Recovery may be had for mental anguish in an action for indecent assault in which there was an intentional trespass upon the person.</p> <p>Assault — -Damages—Measure and Amount.' Upon proof of an indecent assault, plaintiff is entitled to recover substantial damages.</p> <p>Appeal (306) — Review—Waiver of Objections. Where plaintiff accepts a reduction of the amount of the verdict, he is estopped upon defendant’s appeal from alleging error in ordering it.</p>