Ronald v. Pacific Traction Co.

Citations

• 65 Wash. 430
• 118 P. 311
• 1911 Wash. LEXIS 943

Syllabus

<p>Appeal- — Review—Verdict. A verdict supported by conflicting evidence will not be disturbed on appeal.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $7,500 for injuries sustained by a young woman in good health, engaged as a domestic servant and earning four dollars a week, will not be set aside as excessive, where she received a wound at the base of the skull which rendered her unconscious for twenty hours, confined her to her room for six weeks, and resulted in weakened eyesight, impairment of hearing, constant headaches, shattered nerves, and traumatic neurasthenia which may be permanent.</p> <p>Dismissal and Nonsuit — After Verdict — Effect — Joint Tort Feasors — Judgment—Entry. Where a judgment was not immediately entered by the clerk in conformity to a verdict against joint tort feasors, as required by Rem. & Bal. Code, § 481, plaintiff’s nolle prosequi as to one of the defendants, pending a motion for a new trial, does not operate as a satisfaction of judgment and release as to all the other joint tort feasors, no judgment having actually been entered until the motion for a new trial was passed upon.</p> <p>Evidence — Judicial Notice. The supreme court will take judicial notice that judgment is not always entered immediately on receiving a verdict, where motion for new trial is made.</p> <p>Dismissal and Nonsuit — Joint Tort Feasors — Effect. Prior to judgment, the plaintiff may elect to dismiss one of several joint tort feasors without releasing the others.</p> <p>New Trial — Newly Discovered Evidence — Cumulative Evidence. A new trial should not be granted for newly discovered evidence as to the place of an accident, where the same was only cumulative.</p> <p>Appeal — Harmless Error — Instructions. The refusal of requests for instructions is not error where they were covered by the general charge.</p>