93 Wash. 156 | Wash. | 1916
The plaintiff seeks recovery of damages for personal injuries which she claims as the result of an assault made upon her by the defendants. Trial in the superior court for Spokane county resulted in verdict and judgment against the defendants, from which they have appealed to this court.
One contention, however, is made in appellants’ reply brief which might be considered as included in the contentions made in their opening brief, which possibly merits some attention. It is argued that, since it appears that the conviction and fining of appellant Dunn was in the police court of the city of Spokane, we must proceed upon the assumption that it
Some other contentions are made in the reply brief of counsel for appellants touching the claimed error of the court in admitting proof of the conviction of appellant Dunn in the police court. These contentions, however, were not made in the opening brief, so we do not feel called upon to further notice them. Item. 1915 Code, § 1730. We are of the opinion that the court did not err to the prejudice of appellants by the admission of evidence of appellant Dunn’s conviction in the police court, in so far as we are here called upon to take notice of counsel’s claim of error in the admission of that evidence.
One of the grounds of new trial relied upon by counsel for appellants is newly discovered evidence. Several affidavits were presented to the trial court in support of this ground
The judgment is affirmed.
Morris, C. J., Main, Holcomb, and Bausman, JJ., concur.