Maryland Casualty Co. v. Seattle Electric Co.

Citations

• 75 Wash. 430
• 134 P. 1097
• 1913 Wash. LEXIS 2231

Syllabus

<p>New Trial — Motion—Affidavits—Necessity—Statutes—“May” and “Must.” Where the facts upon which a motion for a new trial on any ground other than irregularity in the proceedings, do not appear in the record as a part of the trial itself, they “must” be shown by affidavit, under Rem. & Bal. Code, § 401, providing that motions for a new trial on such grounds “may” be shown by affidavit, there being no statute providing for any other method of showing such facts.</p> <p>New Trial — Misconduct of Jury — Affidavits of Jurors. Upon a motion for a new trial, the affidavit of a juror stating the simple fact as to her misconduct without attempt to show its effect on the verdict is not inadmissible as impeaching the verdict; since the matters did not inhere in the verdict.</p> <p>New Trial — Misconduct of Jury — Evidence—Sufficiency. The misconduct of a juror in viewing the premises cannot be shown by a reporter’s stenographic report containing a hearsay statement of what the foreman of the jury told the bailiff, but the same must be shown by affidavit under Rem. & Bal. Code, § 401.</p> <p>Appeal — Review—Matters Presented. Upon appeal from an order granting a new trial on an unsupported motion, which was insufficient to invoke the discretion of the trial court to grant a new trial, the supreme court will not consider the merits of the motion.</p> <p>Trial — Oral Instructions — Admonition. Rem. & Bal. Code, §§ 339, 395, providing that instructions shall be given in writing does not prevent the giving of an oral cautionary admonition or warning as to the deliberations of the jury which did not state any rule of law as applied to the case.</p>