Pierce v. Seattle Electric Co.

Citations

• 78 Wash. 167
• 138 P. 666
• 1914 Wash. LEXIS 993

Syllabus

<p>Release and Discharge — Procured by Fraud — Evidence—Question eor Jury. Whether fraud in securing a release of damages for personal injuries is established by clear and convincing evidence, is a question for the jury, where the plaintiff and her daughter testified that plaintiff, who was seriously injured, relied upon the statement of the company’s physician, who had1 been treating her, that she would be well in two weeks, and of the claim agents that $500 then paid would be considered as paid on account if she was not well in two weeks, the release was not read over to her, and she was unable to read it or sign it without assistance, although this evidence was contradicted.</p> <p>New Trial — Excessive Damages — Abuse oe Discretion. It is an abuse of discretion to order a new trial, unless a verdict for $7,900 for personal injuries resulting in traumatic neurasthenia be reduced to the sum of $5,000, largely upon a personal conversation with one of the witnesses outside the record, and because of a misinterpretation of opinions by the supreme court in other cases.</p> <p>Damages — Excessive Verdict — Traumatic Neurasthenia. A verdict for $7,900 for injuries to the back resulting in traumatic neurasthenia, is not excessive, where it appears that for 21 months the plaintiff had been confined to her bed and unable to care for herself, her recovery was exceedingly doubtful, and would require years.</p>