Jensen v. Spokane Falls & Northern Railway Co.

Citations

• 51 Wash. 448
• 98 P. 1124
• 1909 Wash. LEXIS 1208

Syllabus

<p>New Trial — Newly Discovered Evidence — Surprise — Diligence. In an action for goods lost in transit, it is error to grant plaintiff a new trial for newly discovered evidence and surprise, in that two witnesses for defendant testified that a release of liability was signed in their presence by defendant’s wife, while an agent of the defendant had admitted to plaintiff’s counsel before the trial that there was a dissimilarity in the signatures, leading counsel to expect that such defense would be abandoned, where it appears that such release was set up as a defense, a bill of particulars was furnished in answer to a demand as to when and in whose presence the release was signed, and the wife’s signature and authority were admitted in the reply, and the matter was fully gone into on the taking of depositions, and no suggestion of surprise was made at the trial or until after an adverse decision in the cause.</p>