Matthews v. City of Spokane

Citations

• 50 Wash. 107
• 96 P. 827
• 1908 Wash. LEXIS 676

Syllabus

<p>Appeal— Review — Harmless Erroe — Admission op Evidence. Where the dangerous and defective condition of a sidewalk was testified to by numerous witnesses and in no manner disputed, it is harmless error to admit as exhibits broken pieces of the walk not sufficiently connected with the place of the injury.</p> <p>Same. It is harmless error to receive evidence tending to show notice by a city of the defective condition of a sidewalk after counsel had admitted that the city had notice.</p> <p>Municipal Corporations — Claims—Verification — Husband and Wife — Community Property. A claim against a city for a personal injury to a wife may be verified by the husband alone, as it is community property.</p> <p>Appeal — Review — Discretion — Trial — Submission of Special Verdict. The submission of special interrogatories to the jury rests entirely with the trial court, and its refusal is not subject to review.</p> <p>Trial — Receiving Verdict. Error cannot be assigned on the action of the court in sending the jury back with the pleadings, to cure an oversight in not sending the same to the jury room, after the verdict had been read but before it was received or filed, where the jury presently returned with the same verdict, which was received and filed.</p> <p>Damages — Pebsonae Injubies — Excessive Veedict. A judgment for personal injuries will not be held excessive on appeal, where two different juries and the court had approved the amount and were in a much better position than the supreme court to judge of the nature and extent of the injuries.</p>