SATHER v. LINDAHL

No. 32567.

43 Wn.2d 463 (1953)

261 P.2d 682

RALPH I. SATHER, Appellant, v. ERNEST V. LINDAHL et al., Respondents.

The Supreme Court of Washington, Department One.

October 9, 1953.


Attorney(s) appearing for the Case

James J. Keesling, for appellant.

Martin & Shorts and Frank J. Conway, for respondents.


HILL, J.

A new trial was granted in a personal injury action because the plaintiff had, when his deposition was taken four days before the trial, answered, "Not that I know of," in response to the question, "Do you know of any witnesses to this accident?" when, in fact, the plaintiff and his counsel did know of four eyewitnesses, whom they produced at the trial and who testified without objection.

The defendants, on cross-examination of these witnesses, developed...

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