Munson v. Johnson

Citations

• 80 Wash. 628
• 142 P. 18
• 1914 Wash. LEXIS 1360

Syllabus

<p>New Trial—Misconduct of Counsel—Offers of Proof. Persistent offers of proof of evidence that had been previously excluded is not such misconduct of counsel as to require a new trial, where it cannot be said that counsel acted in bad faith with intent to place inadmissible evidence before the jury, and any prejudicial effect was removed by the court’s instructions during the course of the trial requiring the jury to disregard all such excluded evidence.</p> <p>Trial-—Misconduct of Judge—Comment on Pacts — Review—■ Harmless Error. An introductory statement in the instructions to the jury that the action was “to recover damages suffered by the plaintiff by reason of breach of covenant,” is not prejudicially erroneous as a comment on the facts.</p>