Legal Opinion

Phoenix Assurance Co. v. Columbia & Puget Sound Railroad

Washington Supreme Court

Decided August 4, 1916No. 13343PublishedCited by 2 opinions

Appeal from a judgment of the superior court for King county, Mackintosh, J., entered October 14, 1915, upon the verdict of a jury rendered in favor of the plaintiff, in an action for damages, after a trial on the merits.

1Opinion of the CourtHolcomb, J.

After trial and verdict for plaintiff, respondent here, of $2,800 damages, the defendant moved, first, unsuccessfully, for judgment non obstante veredicto; and then for a new trial, which latter motion was denied upon the election of respondent to consent to a remission of $500 from the recovery, on a finding that the jury had been prejudiced by certain proceedings and conduct on the part of the court. This brings up the third ground of reversal relied upon by appellant.

*420If the jury were prejudiced by the acts and conduct of the trial judge, it is difficult to ascertain and determine just how…

2Cases cited2 opinions

  1. Olson v. Snake River Valley RailroadWashington Supreme Court · 1900
  2. Lee Hong v. SchoenwaldWashington Supreme Court · 1915

3Cited by2 opinions

  1. Eichner v. DorstenWashington Supreme Court · 1962
  2. Phoenix Assurance Co. v. Columbia & Puget Sound RailroadWashington Supreme Court · 1917

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