50 Wash. 444 | Wash. | 1908
Action by James C. Murray and Frances L. Murray, husband and wife, against the Seattle Electric Company, a corporation, the city of Seattle, George W. Walker, and Jane Doe Walker, his wife, for damages for personal injuries sustained by the plaintiff Frances L. Murray. Before trial the plaintiffs voluntarily dismissed the action as to the defendant the city of Seattle. On a jury trial, a verdict for $2,000 was returned in favor of the plaintiffs against the defendant the Seattle Electric Company, and a verdict in favor of the defendants Walker and wife was returned against the plaintiffs. From the judgment in favor of the plaintiffs and against the Seattle Electric Company, entered upon the verdict, the Seattle Electric Company has appealed.
The appellant contends that it was not guilty of negligence, for the reason that the motorman had carefully noticed the location of the red light immediately over the manhole;
The appellant fui’ther contends that excessive damages have been awarded. We have carefully examined all the evidence bearing upon this proposition and, without discussing the same in detail, will say that, although the damages awarded appear to be ample compensation to the respondent for her injuries, we do not find them so excessive as to justify us in disturbing the judgment; especially so in view of the fact that the same question was raised in the lower court, and that the trial judge, who saw the witnesses and heard them testify, declined to make any reduction. .
The judgment is affirmed.
Rudkin, Mount, and Root, JJ., concur.
Hadley, C. J., and Fullerton, J., took no part.