Skarlatos v. Brice

Citations

• 96 Wash. 205
• 164 P. 939
• 1917 Wash. LEXIS 908

Syllabus

<p>Appeal — Review—Harmless Error — Trial. It is not prejudicial error to grant a jury trial without a formal demand prior to calling the case for trial, where appellant was offered a continuance and declined to take the same.</p> <p>Appeal — Review—Harmless Error — Amendments. Error cannot be predicated upon the allowance of a trial amendment to supply defects in the complaint, where there was no claim of surprise and the appellant declined to take a continuance.</p> <p>Appeal — Review—Verdicts. A verdict upon conflicting evidence will not be disturbed on appeal, when sustained by evidence or justifiable inferences from the evidence upon which reasonable minds might differ.</p> <p>Appeal — Review—New Trial — Discretion. Where the evidence is conflicting the denial of a motion for a new trial for insufficiency of the evidence will not be disturbed except for abuse of discretion.</p> <p>New Trial — Newly Discovered Evidence — Cumulative Evidence —Diligence. A new trial should not granted for newly discovered evidence which was largely cumulative, and which was a 'matter of common knowledge, and might have been produced at the trial.</p>