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Gordon v. Bartell

The Supreme Court of Washington
Jul 17, 1934
34 P.2d 712 (Wash. 1934)

Opinion

No. 24944. Department Two.

July 17, 1934.

APPEAL AND ERROR (406) — REVIEW — NEW TRIAL — DISCRETION. Where a motion for a new trial embraced several grounds, involving discretion, the supreme court will not go behind a general order granting the motion, to determine upon which ground the motion was granted, and must affirm the judgment in the absence of abuse of discretion.

Appeal from an order of the superior court for Grays Harbor county, Phillips, J., entered November 24, 1933, granting a new trial, after the verdict of a jury rendered in favor of the plaintiff, in an action for damages for assault. Affirmed.

Paul O. Manley and J.E. Stewart, for appellants.

F.L. Morgan, for respondent.


This is an action in tort for damages sustained by reason of an alleged assault. The case was tried to a jury, which returned a verdict:

"Against the defendants, E.C. LEWIS and JEFF BARTELL, in the sum of $800, and against the defendant AMERICAN SURETY COMPANY OF NEW YORK, in the sum of $800."

A motion for a new trial was interposed by the plaintiff, based upon irregularities and abuse of discretion; misconduct or mistake of the jury; accident and surprise; newly discovered evidence and

"Damages so inadequate as unmistakably to indicate that the verdict must have been the result of passion, mistake or prejudice.

"Error in the assessments of the amount of recovery, in that it is too small, and the verdict does not represent the true finding of the jury."

A new trial was granted by a general order specifying no particular ground or grounds therefor. The defendants have appealed from the order granting a new trial.

[1] We have held in many cases that, where the motion for a new trial embraces several grounds, among which are those calling for the exercise of judicial discretion, and a general order is made granting the motion, we will not go behind that order to determine upon which ground the motion was granted. The doctrine was very clearly announced in Morehouse v. Everett, 136 Wn. 112, 238 P. 897, and has ever since been consistently adhered to. See Huntington v. Clallam Grain Co., 175 Wn. 310, 27 P.2d 583, and cases therein cited.

This case was submitted to a jury upon conflicting evidence. The court was asked to grant a new trial upon a number of grounds calling for the exercise of his discretion. The motion was granted by general order, and it not appearing that there was an abuse of discretion, the order of the trial court must be, and it is, affirmed.

BEALS, C.J., HOLCOMB, BLAKE, and GERAGHTY, JJ., concur.


Summaries of

Gordon v. Bartell

The Supreme Court of Washington
Jul 17, 1934
34 P.2d 712 (Wash. 1934)
Case details for

Gordon v. Bartell

Case Details

Full title:R.M. GORDON, Respondent, v. JEFF BARTELL, as Sheriff for Grays Harbor…

Court:The Supreme Court of Washington

Date published: Jul 17, 1934

Citations

34 P.2d 712 (Wash. 1934)
34 P.2d 712
178 Wash. 258

Citing Cases

Gordon v. Bartell

This is the second appeal of this case. See Gordon v. Bartell, 178 Wn. 258, 34 P.2d 712. On the first trial,…