Booth v. Columbia & Puget Sound Railroad

Citations

• 6 Wash. 531
• 33 P. 1075
• 1893 Wash. LEXIS 329

Syllabus

<p>APPEAL — WEIGHT OP TESTIMONY — NEW TRIAL — NEWLY DISCOVERED EVIDENCE.</p> <p>Where there is evidence in an action tending to support the issues made, the supreme court will not pass upon the weight of the testimony.</p> <p>Where the complaint in an action for damages alleged that the ties of defendant’s road bed were rotten and unsafe, whereby the injury was caused, defendant had sufficient notice to put it upon an investigation of-all its road bed at the place where the accident occurred, and the defendant is not entitled to a new trial on the ground that it was surprised at the proof of the defective condition of a particular tie, and that it now has newly discovered evidence to the contrary.</p>