Warren v. Kearney

Citations

• 63 Wash. 369
• 115 P. 739
• 1911 Wash. LEXIS 1207

Syllabus

<p>Appeal — Review—Exclusion op Evidence — Harmless Error. Error in the exclusion of evidence is not prejudicial where the fact was clearly proven by other evidence.</p> <p>Appeal — Review—Harmless Error — Instructions. In an action for slander in charging incest, in which- the defendant pleaded in justification that the charges were true, and that was the principal issue and the fact of publication was not seriously denied, it is not prejudicial error that the court instructed the jury that they must find for the defendant if the charges were true, “otherwise for the plaintiffs,” where, by other instructions, the burden of proving the complaint was placed upon the plaintiff.</p> <p>Same. Where the jury is not misled, it is not prejudicial error that the instructions were not given in the usual order and that those consistent with the plaintiff’s theory were given last.</p> <p>Libel and Slander — Damages—Excessive Verdict. A verdict for $3,000 for slander in charging a woman with incest will not be set aside as excessive, where there was nothing to indicate passion or prejudice on the part of the jury.</p>