Perrault v. Emporium Department Store Co.

Citations

• 83 Wash. 578
• 145 P. 438
• 1915 Wash. LEXIS 695

Syllabus

<p>Evidence — Judicial Notice — Records. The courts will take judicial notice of their records touching prior proceedings in the same case.</p> <p>Appeal — Decision—Law oe Case — Matters Decided on Former Appeal. Under the rule that a decision on a former appeal becomes the law of the case and conclusive, the defendant, in prosecuting a decond appeal (from the judgment entered on a new trial), cannot urge error in refusing instructions which were the same as those-refused on the same issues and evidence on the first trial; although such error was not urged on the former appeal because defendant was not then seeking a new trial; since defendant speculated on defeating the former action on the facts alone and accepted as correct the law as then given in the instructions.</p> <p>Same. In like manner, the question whether plaintiff might have minimized the damages was involved in her motion for a new trial on the ground of inadequacy of damages, and the appellant, in then conceding that there was no abuse of discretion in awarding a new trial on that ground, is estopped on a subsequent appeal to raise the question on the same evidence.</p> <p>• Appeal — Review—Harmless Error. Technical (failure to instruct the jury that damages for personal injuries must be no more than compensatory, is harmless, where from the evidence it appears that they were no more than compensatory.</p>