Calhoun v. Portland Railway, Light & Power Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Clarke county, Smith, J., entered March 2, 1918, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger boarding a street car.
1ConcurrenceParker, J.
(concurring)—I concur in the conclusion reached in the majority opinion; but as to the overruling of appellant’s motion for a new trial by the trial court upon the ground of insufficiency of the evidence, I prefer to rest my conclusion upon the ground that the trial court did not abuse its discretion in so ruling in this case, rather than upon the ground that this court has no power to review such discretion of the trial court. I think the view of the law expressed *598in the opinion, touching the power of this court to review the discretion of the trial court in passing upon a motion for a new…
2Cases cited5 opinions
- Brown v. City of Walla WallaWashington Supreme Court · 1913
- Thomas & Co. v. HillisWashington Supreme Court · 1912
- Koenig v. Whatcom Falls Mill Co.Washington Supreme Court · 1912
- Commercial Bank v. ElliottWashington Supreme Court · 1916
- McCabe v. LindbergWashington Supreme Court · 1918