Miller v. Bean

Citations

• 13 Wash. 516
• 43 P. 636
• 1896 Wash. LEXIS 80

Syllabus

<p>APPEAL—SUFFICIENCY OF EVIDENCE — CUSTOM.</p> <p>The verdict of a jury will not be set aside upon appeal, where there is a substantial conflict in the testimony, especially when the trial judge, who heard and saw the witnesses testify, has declined to interfere with the verdict.</p> <p>In an action by an employee against a partnership engaged in engineering and surveying business to recover for services as a surveyor, evidence on the part of defendants is inadmissible for the purpose of showing a. custom of one of the defendants, prior to the partnership, of not paying his men until pay had been received from persons ordering surveying work done.</p>