Taylor v. Spokane, Portland & Seattle Railway Co.

Citations

• 67 Wash. 96
• 120 P. 889
• 1912 Wash. LEXIS 1125

Syllabus

<p>Carriers — Injury to Passengers — Evidence—Relevancy—Damages — Appeal—Harmless Error. Upon an issue as to the amount of damages sustained by a passenger in a head-on railway collision, in which several passengers were killed, the company admitting negligence causing the accident, it is not prejudicial error to receive in evidence a photograph of the wrecked train showing the force and disastrous nature of the wreck (Morris and Chadwick, JJ., dissenting) .</p> <p>Evidence — Damages'—Mental Shock — Admissibility —• Res Gestae. Upon an issue as to the amount of damages sustained in a railway collision by a passenger who was thrown to the floor and suffered traumatic neurasthenia, evidence of shock from the sight of mangled and bleeding passengers while plaintiff was being conveyed to the city in a street car, medical experts testifying that such sight might contribute to plaintiff’s injuries, is admissible as a direct or proximate result of the accident and part of the res gestae, where it was only a repetition or continuation of what plaintiff had seen or experienced to a greater degree on the wrecked train (Morris and Chadwick, JJ., dissenting).</p> <p>New Trial — Misconduct of Counsel — Discretion—Appeal—Review. The refusal of a new trial for misconduct of counsel in argument to the jury is largely in the discretion of the trial court, and it is not an abuse of discretion to deny a new trial, where, in an action for injuries sustained in a railway wreck through the admitted negligence of the railway company, the only issue being the amount of the damages, counsel for plaintiff commented on the gross negligence of the defendant in an improper and inflammatory manner, and upon exceptions taken, the court ruled that the question of negligence had been eliminated and was not within the issues; especially where the trial court reduced the amount of the verdict rendered.</p> <p>Damages — Personal Injuries' — Excessive Verdict. A verdict for $7,000, for personal injurie