95 Wash. 407 | Wash. | 1917
This is an action in damages for the alienation of the affections of the plaintiff’s wife. It was before
We think it unnecessary to enter upon an extended review of the evidence. It is the rule undoubtedly, as the appellant contends, that, in order to justify a recovery, there must have been substantial evidence before the jury to the effect that the affections of the appellant’s wife were alienated and that the defendant caused, or aided in causing, such alienation. But, notwithstanding the able analysis of the evidence made by appellant’s learned counsel, we think there was substantial evidence in the record on both of these propositions. The facts leading to the conclusion are somewhat complicated and interwoven, making it difficult to cite the specific instances of proof, but a reading of the evidence as a whole does not, to our minds, leave the question in doubt. This is as far- as we are permitted to go. The constitution provides that the right of trial by jury in causes of this character shall remain inviolate, and since we find substantial evidence tending to support the verdict, we have no warrant to interfere with the jury’s conclusion.
The verdict was for $5,000. While this sum seems large, it does not alone indicate passion and prejudice. A verdict for a much larger sum — $15,000—was sustained by us in the somewhat similar case of Speck v. Gray, 14 Wash. 589, 45 Pac. 143. In that case, it was recognized that the amount of the award was peculiarly within the province of the jury, and that the court would not be warranted in in
It is our conclusion that no reversible error appears in the record. The judgment will stand affirmed.