Pincus v. Puget Sound Brewing Co.

Citations

• 18 Wash. 108
• 50 P. 930
• 1897 Wash. LEXIS 116

Syllabus

<p>NEW TRIAL — SURPRISE — REVIEW ON APPEAL.</p> <p>The action of the trial court in denying an application for a new trial, on the ground that the evidence was insufficient to support the verdict, will not be reviewed in the absence of the-evidence upon which the ruling was based.</p> <p>The granting of a new trial on the ground of accident and surprise is an abuse of the discretion reposed in trial courts in such matters, where It appears that plaintiff depended upon record testimony to prove a material issue in the case and waited until ten minutes before the testimony was required in the trial, before making demand upon the custodian of the records to produce it, when it was discovered that the record desired was missing and could not he found.</p>