Ritter v. City of Seattle

Citations

• 82 Wash. 325
• 144 P. 61
• 1914 Wash. LEXIS 1513

Syllabus

<p>New Trial- — Grounds—Excessive Verdict — Discretion of Court —Abuse. It is not an abuse of discretion for the court to refuse a new trial on the ground of excessive damages given under the influence of passion or prejudice, merely because the lower court’s views differed from those of the jury; and abuse is not shown, where the remarks of the court, as a whole, did not show that he denied the motion for lack of power to do so, but had in fact exercised his discretion.</p> <p>Trial — Conduct — Reopening — Discretion. After the case is closed by both sides, and an adjournment taken over Sunday, it is not an abuse of discretion to refuse to reopen the case for further evidence, where there was no showing that the evidence was newly discovered or had been overlooked.</p> <p>Appeal — Record—Aeeidavits. The denial of a motion for new trial will not be reviewed on appeal, where the affidavits on which it was based were not made part of the record on appeal.</p>