Matsuda v. Hammond

Citations

• 77 Wash. 120
• 137 P. 328
• 1913 Wash. LEXIS 1904

Syllabus

<p>Evidence — Res Gestae — Admissibility. Since the trial court may exercise a discretion in excluding matters pertaining to the res gestae which are not closely related to the principal fact in question, it is not reversible error in an action for assault and battery, to exclude evidence of plaintiff’s conduct after the assault had been completed and defendant had started away.</p> <p>New Trial — Misconduct of Juey — Excessive Verdict — Remission. The trial court may grant a new trial, conditionally, unless part of an excessive verdict is remitted, even though it is found that, because of the size of the verdict, it was influenced by passion or prejudice.</p> <p>Master and Servant — Liability for Torts of Servant — Scope of Employment. The general manager of a produce commission business acts outside of the scope of his employment, where, in attempting to collect for goods supposed to have been wrongfully taken, he committed an assault and battery upon a customer whom he charged with larceny.</p>