Speck v. Gray

Citations

• 14 Wash. 589
• 45 P. 143
• 1896 Wash. LEXIS 416

Syllabus

<p>ACTION FOR CRIMINAL CONVERSATION — WIFE AS WITNESS — DAMAGES.</p> <p>In an action by a husband for the seduction of his wife, she cannot testify except with the consent of the husband.</p> <p>The fact that the damages awarded by the jury in actions for the recovery of damages are in a larger amount than the appellate court would have deemed justified is not a sufficient fact to warrant the court in setting aside the verdict for excessive damages, but it must appear that the damages were awarded through passion or prejudice on the part of the jury.</p> <p>A verdict for $15,000 in an action by a husband for the seduction of his wife and the alienation of her affections will not be deemed so excessive on appeal as to warrant the granting of a new trial, where the evidence shows that the plaintiff and his wife were respectable people, that she was a school teacher and received good wages as such, that plaintiff was a lawyer and had been elected prosecuting attorney and that the relations existing between them prior to the advent of defendant, were cordial, friendly and affectionate.</p>