Fitzgerald v. City of Centralia

Citations

• 102 Wash. 586
• 173 P. 631

Syllabus

<p>Municipal Cobpoeations—Stbeets—Defects—Actions— Evidence —Admissibility. In an action for injuries sustained upon a defective sidewalk, photographs introduced to meet the city’s contention that the street was not a public thoroughfare are not inadmissible because they show a changed condition, a new board put in place of the old board which was already in the case as an exhibit.</p> <p>Appeal—Review— Haemless Eeeoe — Exhibits — Identification. Failure to allow cross-examination at the time of the identification of an exhibit is merely an irregularity, where full opportunity was given later and the witness was cross-examined regarding the identification.</p> <p>Appeal—Recobd—Exceptions. Error cannot be assigned upon the failure to give an instruction, where no exception thereto appears in the record.</p> <p>Appeal—Review—Misconduct of Judge. The utterance by the trial judge of an impatient remark cannot be assigned as error, if it was not error or prejudicial.</p>