Rung v. Radke

— This is an appeal from an order granting a new trial in an action for personal injuries after a verdict for the defendant. The trial court held that substantial justice had not been done and gave the reasons for its conclusion as follows:

“1. The plaintiffs proved by the defendant’s own testimony for the purpose of impeachment that he had been convicted of a crime. The Court erroneously permitted the defendant to explain this conviction. See State vs. Johnson, 141 Wash. 324 [251 Pac. 589]. Counsel for the defendant exploited the circumstances of the conviction and the preceding events in…