Yarrough v. Hines

Citations

• 112 Wash. 310
• 192 P. 886
• 1920 Wash. LEXIS 745

Syllabus

<p>New Trial (56)—Excessive Verdict—Reduction oe Excess. The trial court, on motion for new trial, has power to refuse to grant the same on condition that plaintiff will voluntarily remit a portion of the verdict in his favor.</p> <p>Damages (84)-—Personal Injuries—Excessive Verdict. A verdict for $5,500, reduced by the trial court to $3,250, is not excessive, where plaintiff suffered a fracture of the lower end of the fibula, he was in a hospital for several weeks, the heel cord had shortened up so that in walking he could not put his heel on the ground, and his condition is shown to be serious and more or less permanent.</p> <p>Damages (14-1)—Personal Injuries — Aggravation oe Injury Through Malpractice oe Physician. Where an injured person, in good faith and in the exercise of reasonable care, employs a physician to treat his injury and it is aggravated through mistake or negligence, such negligence or mistake of the physician does not become an intervening cause, and he may recover damages for the injury he sustained, including aggravation thereto resulting from the mistake or improper treatment.</p>