Norton v. Pacific Power & Light Co.

Citations

• 79 Wash. 625
• 140 P. 905
• 1914 Wash. LEXIS 1242

Syllabus

<p>Municipal Corporations — Streets — Obstructions — Evidence— Sufficiency. The fact that a gas company was the owner of a piece of gas pipe projecting through the sidewalk and causing plaintiff’s injury, is sufficiently established, where the same was apparently connected with the company’s gas main, and after notice to the company, laborers came and removed the projecting pipe, claiming that they were doing so for the company, and the company offered no evidence on the subject.</p> <p>Trial — Conduct—Reopening Case — Discretion. The reopening of plaintiff’s case for further evidence, and the latitude to be allowed thereon, are matters resting in the discretion of the trial court, and no abuse appears when the defendant had not started its case and was given full opportunity to rebut the additional evidence.</p> <p>Appeal — Record — Statement of Facts — Affidavits. Affidavits used on a motion for a new trial cannot be considered on appeal, when not brought up by bill of exceptions or statement of facts.</p> <p>Trial — Instructions—Refusal of Requests. It is not error to refuse requested instructions that were embodied in the general charge.</p>