Toupin v. Kent Lumber Co.

Citations

• 79 Wash. 605
• 140 P. 903
• 1914 Wash. LEXIS 1240

Syllabus

<p>Appeal — Decision — Law of Case — Similarity of Evidence. Where, on a former appeal, it was held that the negligence of the defendant in locating a signalman so far from the plaintiff that he could not hear the signals was a question for the jury, the same becomes the law of the case and conclusive on a second appeal, where there was evidence, substantially the same at both trials, to the effect that the signalman should not have been more than 250 feet distant, although at the first trial the actual distance was given at 1,000 feet, while at the second' trial it was given as 700 or 800 feet; since the variance was not material.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $2,500 for personal injuries is not excessive, where the plaintiff sustained a severe fracture of the thigh bone which shortened the leg one and one-half inches, he was confined to the hospital for over six months, and evidence as to the extent of his injuries was conflicting.</p>