Schmitz v. Kirchan

Citations

• 32 Wash. 546
• 73 P. 678
• 1903 Wash. LEXIS 454

Syllabus

<p>APPEAL-STJPPICIENCY OP EVIDENCE.</p> <p>The verdict of the jury will not be set aside because of insufficiency of the evidence, where there is conflicting evidence upon the material issues.</p> <p>CIVIL ACTION POB ASSAULT AND BATTEEY-EXCESSIVE DAMAGES.</p> <p>A verdict of $225 for damages because of an assault and battery cannot be said to be excessive, even if no permanent injury were inflicted.</p> <p>SAME — IMPB0PEB ADMISSION OP EVIDENCE — HABMLESB ERROR.</p> <p>In an action for damages on account of assault and battery, the improper admission of rebuttal testimony to the effect that defendant had pleaded guilty before a justice of the peace to a charge of assault and battery was not prejudicial, where the defendant had already testified that he committed the battery in question.</p> <p>SAME.</p> <p>In such an action, the attempt of plaintiff to prove by the justice of the peace that he had been acquitted of a charge of provoking the assault, after the opening statement of counsel had been made to that effect, would not constitute error, when the court did not allow such justice of the peace to proceed farther with his testimony than the identification of plaintiff with such trial, whereupon all further testimony in connection with the provoke ease was excluded.</p>