Legal Opinion · Dissent

Robinson v. Spokane Traction Co.

Washington Supreme Court

Decided October 10, 1907No. 6741Published

Appeal from a judgment of the superior court for Spokane county, Poindexter, J., entered October 2T, 1906, upon the verdict of a jury for $8,000 damages for personal injuries sustained by a passenger in a street car collision.

1DissentRudkin, J.

(dissenting)—The majority opinion holds that the court below erred in excluding testimony tending to show the effect that the worry and excitement incident to the pend-ency of a lawsuit would have on the disease from which the respondent was suffering, and in that conclusion I concur; but I cannot concur in the final disposition made of the case. Doubtless, where the injury resulting from an error committed in the trial of a cause can be segregated from the amount of the verdict, which is otherwise supported by the testimony, the judgment may be afiirmed for the residue, on the remission of…

2Cases cited5 opinions

  1. Railway v. HallSupreme Court of Arkansas · 1890
  2. Chicago, Milwaukee & St. Paul R. R. v. HallIllinois Supreme Court · 1878
  3. Thompson v. LumleyNew York Court of Common Pleas · 1877
  4. Slattery v. City of St. LouisSupreme Court of Missouri · 1894
  5. Seeman v. FeeneySupreme Court of Minnesota · 1872

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