Raynor v. Tacoma Railway & Power Co.

Citations

• 70 Wash. 133
• 126 P. 91
• 1912 Wash. LEXIS 1015

Syllabus

<p>Trial — Instructions—Wbitten Instructions — Necessity—Statutes — Construction. Under Rem. & Bal. Code, § 339, providing that the charge of the court must be reduced to writing and taken to tbe jury room, and § 395, providing that the same shall become a part of the record upon being filed with the clerk, it is reversible error to give orally an instruction relating to the credibility of witnesses, which could not be taken to the jury room, or made a part of the record without a statement of facts; and the statute being mandatory, it is immaterial that the instruction was without prejudicial effect (Chadwick, J., dissenting).</p> <p>Damages — Personal Injuries — Instructions—Double Damages. In an action for personal injuries which resulted in a miscarriage, instructions that the plaintiff could recover for pain and suffering and impairment of health and “also” for the pain and suffering and mental anguish by reason of the miscarriage, is not open to the objection that it authorized a double assessment for the miscarriage, where from all the instructions, it could not have been so understood by the jury.</p> <p>Damages — Personal Injuries — Resulting Miscarriage. In an action for personal injuries which resulted four days later in a miscarriage attended with unusual pain, suffering and bodily injury, plaintiff may recover for the pain and suffering and mental anguish by reason of the miscarriage.</p>