Tyler v. North American Transportation & Trading Co.

Citations

• 24 Wash. 252
• 64 P. 162
• 1901 Wash. LEXIS 524

Syllabus

<p>NEW TRIAL-NEWLY DISCOVERED EVIDENCE-DISCRETION OF COURT.</p> <p>The denial of a new trial to defendant on the ground of newly discovered evidence does not constitute an abuse of discretion, when tbe newly discovered evidence consisted of statements made by plaintiff’s husband differing from her own testimony, given in a deposition by-him, which was taken on notice, and published during the trial without the knowledge of defendant, when the court gives full effect to any inferences deducible from the deposition in overruling the motion for new trial on condition that plaintiffs remit a portion of their verdict.</p> <p>PLEADING —■ EXHIBITS STRIKING OUT.</p> <p>The refusal of the court tp strike from a complaint an exhibit containing a statement of items of damage demanded from defendant, which named a sum in excess of the amount demanded in the complaint, was not prejudicial, when the court fully advised the jury of the limit of damages claimed and what was before them for investigation.</p>