Morgan v. Bankers Trust Co.

Citations

• 63 Wash. 476
• 115 P. 1047
• 1911 Wash. LEXIS 1228

Syllabus

<p>Appeal — Review-Instructions—Record—Necessity oe Evidence. Error in instructions to the jury cannot be reviewed on appeal in the absence of the evidence or any statement of facts on appeal from which it can be ascertained that the instructions were prejudicial to the appellant under the testimony produced and the verdict rendered.</p> <p>Appeal — Review — Harmless Error — Presumptions. The presumption of prejudice from error in instructions on the issues presented by the pleadings is overcome by the presumption in favor of the judgment, where the evidence on which the verdict was based is not brought up on appeal.</p> <p>Gose, J. dissenting.</p>