Harvey v. Tacoma Railway & Power Co.
Harvey v. Tacoma Railway & Power Co.
Opinion of the Court
This is a personal injury action. The appeal is from a verdict rendered and judgment entered in the superior court of Pierce county on March 24, 1910. Mrs. Harvey, one of the respondents herein, is- a woman about sixty years of age, who resides at Woodland Station on the old Puyallup electric line, about ten miles from the city of Tacoma. The appellant is a corporation operating, among other lines, the electric street car system known as the “old Puyallup Line.” The complaint alleged, in substance, that
The answer of the appellant denied the essential allegations of the complaint, averred that it had made every possible effort and exercised the highest degree of care in endeavoring to operate its electric railway cars on said night; that the operation of the car had been interfered with by an unlawful assemblage or mob of persons of great numbers;. that the crews of its cars were overpowered and driven from their posts and intimidated with threats and violence; that it had appealed to the police authorities of the. city of Tacoma without success; and in short that it was guilty of no negligence or disregard of the contractual rights of the plaintiff. The reply denied the affirmative matters of the answer., and on the issues thus presented the case came to trial.
The circumstances attending the stoppage of this car at Alki Switch were set forth at length in the case of Leclaire v. Tacoma R. <§■ Power Co., 62 Wash. 157, 113 Pac. 268, and it is not necessary to repeat them here. We held in that case that it was the duty of the company to transport its passengers, notwithstanding the fact that in doing so it would be compelled to carry a few passengers for a less amount than the company deemed it was entitled to. Upon the submission of this cause to the jury, a verdict was rendered in the sum of $500. Three assignments of error are presented: (1) Refusal of the court to direct a verdict for appellant; (2) refusal of thé court to give its requested instruction number 12; and (3) refusal of the court to grant appellant’s motion for a new trial.
We do not think that the refusal of the court to direct a verdict for appellant was error. There was ample testimony, if the jury believed it, to sustain a verdict. The appellant
“It is the duty of a plaintiff in a case of this sort to do everything in her power to minimize the damages and, if the plaintiff refuses to reduce or minimize the damages to the utmost of her ability, she cannot complain in law against any consequences flowing from or resulting from such a refusal if any which would not have occurred except for such refusal.”
This court has uniformly held that the trial coui’t cannot be compelled to give instructions in any particular form of words; but that if the principle involved in the instruction which is asked for is given by the court, that is sufficient. And we think that the plain and explicit instruction given by the court on the question of the duty of the defendant to minimize her damages, presented to the jury the duty of
It is earnestly insisted that the court should have granted appellant’s motion for a new trial on the ground that the verdict was so excessive as to indicate passion and prejudice on the part of the jury. An examination of the record in this case convinces us that we would not be justified in interfering with the verdict of the jury in this respect. This action was brought for $1,950. The plaintiff was allowed only $500. Her testimony and that of disinterested parties, including the physician who waited upon her, convince us that the jury was not controlled by passion or prejudice in assessing the damages.
There appearing to be no reversible error in the record, the judgment is affirmed.
Parker, Gose, and Mount, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.