Rust v. Washington Tool & Hardware Co.

Citations

• 101 Wash. 552
• 172 P. 846
• 1918 Wash. LEXIS 899

Syllabus

<p>Evidence—Opinion Evidence—Nonexperts. Upon an issue as to the mental condition of plaintiff, shortly after he was injured, non-expert witnesses who saw him trembling and incoherent and unable to walk, may testify that he was not in possession of his mental faculties, where they were testifying to facts and their opinions drawn from facts within their observations.</p> <p>Witnesses—Impeachment—Interest—Agent of Indemnity Company. Upon an issue as to plaintiff’s mental condition when he signed a release of damages and an affidavit of exoneration, evidence is admissible, as affecting his credibility, that the witness who procured the release and affidavit was agent of the insurance company writing the liability policy.</p> <p>Trial—Instructions—Repetition. Unnecessary repetition in instructions will not work a reversal, where they merely stated the law properly under varying conditions of evidence, and the 'repetition was not unwarranted.</p> <p>Appeal-—Review-—Invited Error. Improper argument to the jury respecting a compromise or settlement is not ground for a reversal, where the same was offered in answer to an equally improper utterance of opposing counsel on the subject of compromising the claim.</p> <p>Damages — Excessive Verdict — Personal Injuries. A verdict for $2,500 for injuries sustained by a physician 78 years of age, will not be held excessive, where it appears that he suffered a dislocation of the knee cap, cuts and bruises about the head and body, .and a permanent injury to the ankle and bones of the foot, causing inconvenience, constant care, and pain.</p>