Opinion
No. 19022. Department Two.
March 13, 1925.
APPEAL (142) — PRESERVATION OF GROUNDS — EXCEPTIONS TO INSTRUCTIONS. Error cannot be assigned upon instructions where there were no exceptions taken or request for instructions.
Appeal from a judgment of the superior court for King county, Hall, J., entered July 2, 1924, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a minor struck by an automobile. Affirmed.
Reynolds, Ballinger Hutson, for appellant.
George Olson and H.E. Foster, for respondent.
In this action for damages to a child between five and six years of age, arising out of an automobile accident, the jury awarded damages in the sum of $2,000, which, upon motion for a new trial, was reduced to the sum of $1,500 by the trial court, or, in the alternative, a new trial to be granted, which remission was accepted by respondent and judgment was entered thereon.
The errors claimed by appellant were upon the giving of an instruction permitting recovery of damages for injuries of a permanent nature, and the refusal of an instruction that the jury could not allow damages for permanent injuries.
There are no requested instructions nor exceptions to instructions, nor to the refusal to give instructions, in the record before us.
On the record before us, we can not consider the claimed errors of appellant.
The judgment is therefore affirmed.
TOLMAN, C.J., MITCHELL, MACKINTOSH, and FULLERTON, JJ., concur.