75 Wash. 25 | Wash. | 1913
Respondent brought this action to recover damages for injuries sustained in a collision between a bicycle ridden by him and an auto truck belonging to appellant. The trial resulted in a verdict and judgment in respondent’s favor in the sum of $4,000, from which this appeal is taken.
The only question submitted upon the appeal is appellant’s contention that the verdict is grossly excessive. Having read the testimony, and fully conscious of the weight to be given the verdict, we believe this contention must be sustained, as we can find' no evidence which would justify a verdict in the amount returned by the jury. The injury to respondent, as testified to by a physician who had attended him, was “excessive soreness throughout the cervical region,” extending down between the shoulders to the third or forth dorsal ver
It appears to us, from the evidence before it, the jury was not justified in assessing damages upon any theory of permanent injury, and that the verdict should have been for such a sum as would compensate respondent for the pain and suffering endured and for an injury of a temporary nature. What such a sum should be it is difficult to determine, but we are satisfied it should not exceed $1,500.
Crow, C. J., Main, Fullerton, and Ellis, JJ., concur.