Swanson v. Hood

Citations

• 99 Wash. 506
• 170 P. 135
• 1918 Wash. LEXIS 681

Syllabus

<p>Appeal—Record—Statement op Facts—Notice op Settlement. Under Rem. Code, § 389, implying a reasonable time for notice of settling a statement of facts, three days’ notice of the time fixed for January 6, 1917, is sufficient, where the proposed statement was served October 23, 1916, amendments were made in November, the nonresident judge was unable to attend until December 26, at which time respondent demanded the statutory three days’ notice.</p> <p>Same—Harmless Error. The duplication of matters in the transcript and statement of facts, is not prejudicial, except as aifecting the taxation of costs, and is not ground for striking.</p> <p>Same—Record—Opinion. The memorandum decision of the trial judge in ruling on a motion for judgment is not properly part of the transcript, and will be stricken on motion.</p> <p>Physicians and Surgeons—Malpractice—Negligence—Question por Jury. In an action for malpractice, where there is any evidence tending to- show negligent performance, as distinguished from negligence in the choice of methods each having the approval of different schools, the question is for the jury; as where, in using the Lane method of reducing a' fracture, the defendant drilled holes in the bone too large, and therefore had to use wire, which he later removed with great force, pulling splinters of the bone away.</p> <p>Same — Malpractice — Contributory Negligence—Question por Jury. Upon an issue as to contributory ■ negligence in using a fractured arm, the question is for the jury where the use complained of was denied, and there was some evidence that the physician recommended moderate use, and at different times took hold of the hand and rotated the forearm.</p> <p>Depositions—Time por Taking—Stipulations. Where a deposition was taken on stipulations that it might be taken any day prior to March 24th and that the hearing might be adjourned from day to day, a recitation that it was taken beginning on March 16th and from day to day until March 24th, shows