Nordlund v. Pearson

Citations

• 91 Wash. 358
• 157 P. 875
• 1916 Wash. LEXIS 1061

Syllabus

<p>Intoxicating Liquors — Civil Liability — Pleading — Complaint. In a wife’s action for damages through causing the intoxication of her husband, under Rem. & Bal. Code, § 6289, an allegation of resulting “abusive” conduct by the husband is sufficient to admit of proof of physical assaults, in the absence of a motion to make more definite and certain; or at least, if defective, was amendable to conform to the proof.</p> <p>Same — Pleading—Issues—Evidence. In such an action, under a complaint seeking recovery for injuries which resulted in the impairment of health as well as loss of support, evidence of worry and mental distress is admissible.</p> <p>Same — Evidence—Admissibility. In such an action, evidence that the plaintiff went out to work to support the family, including her husband and minor son, is admissible as tending to show the husband’s failure to furnish her support, although it incidentally showed that she was also required to support her son and husband.</p> <p>Appeal — Preservation oe Grounds- — Objection to Evidence — Sufficiency. Where a record showed the testimony in narrative form, part of which was admissible, an objection at the conclusion not stating any grounds nor the part of the testimony objected to, is insufficient as a basis for error.</p> <p>Intoxicating Liquors — Civil Action — Excessive Damages. A verdict for $1,000 for damages to the person and means of support of a wife by causing the intoxication of her husband, under Rem. & Bal. Code, § 6289, held not excessive, considering the husband’s earning power and the extent of the impairment of health and loss of support.</p>