The Supreme Court of Washington. Department OneFeb 27, 1958
51 Wn. 2d 899 (Wash. 1958)
51 Wn. 2d 899322 P.2d 13651 Wash. 2d 899

No. 34400.

February 27, 1958.

Appeal from a judgment of the superior court for Yakima county, No. 41078, Willis, J., entered February 8, 1957, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for personal injuries. Affirmed.

Hawkins Loy, for appellants.

Boose Garrison, for respondents.


This is an action to recover damages for personal injuries which plaintiff, Charles L. Adkison, alleged he received when defendant, John T. Thompson, allegedly, committed a battery upon his person through the operation of a bulldozer. The case was tried to a jury. The evidence is sharply conflicting as to the facts surrounding the incident in question. The jury apparently believed plaintiffs' version of the alleged battery, and it returned a verdict for plaintiffs in the amount of one thousand dollars. Defendants have appealed.

Appellants' assignments of error raise but two questions: (1) Whether instruction No. VIII, as given, was prejudicially erroneous, and (2) whether the evidence supports the verdict. An examination of all instructions given convinces us that any possible technical deficiency in instruction No. VIII was adequately covered in other instructions. After a careful reading of the record, we must conclude that there is substantial evidence to support the verdict. Samuelsen v. Merry Mfg. Co. (1957), 50 Wn.2d 819, 314 P.2d 634.

The judgment of the trial court should be affirmed. It is so ordered.

HILL, C.J., OTT, FOSTER, and HUNTER, JJ., concur.


By order of the supreme court dated December 13, 1957, the reporter was directed not to publish any opinion of the supreme court in bound volumes of the Washington Reports while a petition for rehearing is pending, and until after the final determination if a rehearing is granted.

Pursuant to the above order, the opinions in the following cases, which were published in Vol. 151 of the Washington Decisions, have been withheld from publication in the current volume:

No. C.D. 1615 In re Seijas No. 33662 Erickson v. Wahlheim No. 34121 Steadman v. Shackelton

Pursuant to an order of the supreme court dated May 14, 1958, the following case, which was published in Vol. 151 of the Washington Decisions, has been withheld from publication in the current volume:

No. 34137 In re Kindschi