Knapp v. City of Chehalis

Citations

• 65 Wash. 350
• 118 P. 211
• 1911 Wash. LEXIS 926

Syllabus

<p>Continuance — Surprise—Trial Amendment — Discretion. In an action for personal injuries in which the complaint alleged injury to plaintiff’s “left” kidney, it is not an abuse of discretion to allow a trial amendment to make the reference to the “right” kidney, and to deny a continuance for surprise, where the defendant was allowed and availed itself of the privilege of a physical examination by physicians who testified for the defendant.</p> <p>New Trial — Surprise—Timely Objection — Waiver. A new trial for surprise in that the- accident was shown to have occurred seventeen feet from the place alleged should not be granted after trial and verdict, when no objection was made at the time and no continuance requested.</p> <p>New Trial — Newly Discovered Evidence — Probative Force. In an action for personal injuries, it is not an abuse of discretion to refuse a new trial for newly discovered evidence as to general observations of neighbors regarding plaintiff’s health, where it was not of. such force as to be likely to change the result.</p>