Island County v. Babcock

The opinion of the court was delivered by

Scott, C. J.

This case was before this court on a former occasion (17 Wash. 438, 50 Pac. 54), and the plaintiff has again appealed from the judgment rendered against it upon the retrial.

The first error alleged is excluding from evidence, on defendants’ objection, the written interrogatories propounded by the plaintiff to the defendant Cranney, and his answers thereto. The respondents contend that these *239were properly excluded., because the witness was present at the trial, and that the rule should be the same as in case of depositions. The statutes (2…