Leopold v. Livermore

Citations

• 115 Wash. 481
• 197 P. 778
• 1921 Wash. LEXIS 770

Syllabus

<p>Venue (14, 19%)—Change—Disobetion—Convenience op Witnesses. Under Rem. Code, § 207, providing that trial must be had in the county of defendant’s residence, and under Id., § 209, providing that the court may change the place of trial upon satisfactory proof that “the convenience of witnesses or the ends of justice would be forwarded by the change”, an application for change of venue based on the ground of convenience of witnesses is a question addressed to the sound judicial discretion of the court and reviewable only for manifest abuse.</p> <p>Appeal (445)—Harmless Error—Conduct op Attorney. The action of counsel in an action for personal injuries in stating what the verdict of the coroner’s jury was in the case of another person killed in the same accident, was not reversible error, where the same fact was elicited in the deposition of a witness which was read to the jury without objection.</p> <p>New Trial (10,' 15)—Misconduct of Party Affecting Juror—Influencing Juror. A willingness expressed by defendant to permit a juror to ride in his automobile cannot he urged as prejudicial error, where, on the poll of the jury, it appeared such juror did not agree with the verdict in favor of defendant.</p> <p>Same (10, 15). The fact that a defendant, in an action for injuries resulting from an automobile collision, parked his car in such a position that it could be seen by the jury in passing in and out of the court room, after the court had denied a request of his counsel to allow the jurors to examine it, was not such misconduct as to warrant a new trial.</p>