Dunlop v. Seattle, Renton & Southern Railway Co.

Citations

• 47 Wash. 576
• 92 P. 449
• 1907 Wash. LEXIS 813

Syllabus

<p>• Continuance—Trial—Amendment—Surprise—Appeal — Beview —Discretion op Court. The discretion of the trial court in denying defendant a continuance, on account of the trial amendment of the complaint, will not be disturbed on appeal, where it appears that, in an action for injuries sustained in the derailment of a street car, the plaintiff, four days before the trial, served notice of an amendment to add an allegation that the accident was caused by a flat wheel, the defendant making no claim that it had a valid defense thereto'.</p>