Knipfer v. Shaw

The following opinion was filed January 10, 1933 :

Nelson, J.

Numerous errors are assigned by defendants, but in the view we take of this controversy only two require consideration. A third assignment of error, however, will be discussed, to the end that trial courts may clearly appreciate the importance of having the reporter available *619during the deliberations of the jury so that a request by the jury for the reading of testimony may be complied with.

The two contentions to be considered are as follows :

I. Defendant Knipfer contends that under the undisputed evidence it should be held as a…