Snider v. Washington Water Power Co.

Citations

• 66 Wash. 598
• 120 P. 88
• 1912 Wash. LEXIS 815

Syllabus

<p>Trial- — Misconduct of Attorney — Improper Argument. It is improper for counsel in argument to discuss the legal effect of the answer to special interrogatories, or their legal bearing upon the general verdict.</p> <p>New Trial — Misconduct of Attorney — Discretion—Abuse—Appeal — Review. It is not an abuse of discretion to grant a new trial for misconduct of counsel who misstated the ruling of the supreme court upon similar facts, placed before the jury the finding of the court in such case upon similar facts, improperly discussed the legal effect of answers to certain findings upon special interrogatories and their legal effect upon the general verdict, where the court had a well founded doubt, from the cumulative effect of these and other indiscretions, whether a fair trial had been had.</p> <p>Same. It is not an abuse of discretion to grant a new trial for misconduct of counsel, where instructions to disregard various acts and misconduct complained of did not adequately cover some of the instances, and left one of them wholly unwarranted.</p> <p>Appeal — Review—New Trial — Discretion. An order granting a new trial will not be reversed on appeal unless abuse of discretion clearly appears where the order was not made on a misconception of law.</p>