Sauls v. Scheppler

Foster, J. (dissenting)

I cannot agree that the trial court did not abuse its discretion in permitting a view of the premises under the circumstances disclosed by this record. If the condition has materially changed in the interval between the accident and the trial, the jury might be misled and a denial of a view, under the circumstances, is not an abuse of the judicial discretion. Wieber v. Everett, 155 Wash. 167, 283 Pac. 1085.

I think there was an abuse of discretion in permitting a view of the premises because of the changes made in the ten-month interval between the accident and the…