Finn v. City of Bremerton

Citations

• 118 Wash. 381
• 203 P. 971
• 1922 Wash. LEXIS 674

Syllabus

<p>Depositions (6, 7-1) — Return—Sealed Envelopes. The requirement of Rem. Code, § 1243, that depositions shall be transmitted by mail in a sealed envelope to the clerk of the court before whom the action is pending is complied with where the deposition is wrapped in wrapping paper whose edges are sealed together and the enclosure reinforced by tying with string and thus deposited in the mail, though the covering may have become torn during the transmission through the mails.</p> <p>Discovery (11) — Physical Examination oe Plaintiff — Discretion. It is not an abuse of discretion to refuse to order a physical examination of plaintiff in a personal injury case when the plaintiff is in a distant state, her deposition is before the court, and the granting of the order would have required a continuance of the trial and possibly its ultimate dismissal.</p> <p>Trial (13) — View of Premises — Discretion. A view by the jury of premises where a personal injury occurred being a matter wholly within the discretion of the trial court, error cannot be founded on its denial of a request therefor.</p> <p>Trial (29) — Rebuttal Evidence — Admissibility. Where plaintiff, injured by a fall on a sidewalk, testified she was wearing shoes with “medium height Cuban heels,” the offer of rebuttal testimony that there were no shoes known to the trade having medium height Cuban heels was properly refused as not contradictory, nor within the issues, as independent evidence of contributory negligence.</p> <p>Pleading (101, 112) — Trial Amendments — Discretion — New Causes of Action. The refusal to allow a trial amendment to defendant’s answer so as to set up an additional element of contributory negligence was not an abuse of the court’s discretion, where the matter was not newly discovered, would have introduced a new issue, and would have necessitated a continuance of the cause or a submission of the case on the defendant’s evidence alone.</p>