Ruedy v. Town of White Salmon

NETERER, District Judge.

This is a suit to collect the balance due on a contract to construct a pipe line for a water system for domestic water supply for the Town of White Salmon. The jury returned a verdict in favor of the plain*131tiff. The defendant files a motion for new trial.

First. “Irregularity in the proceedings of the Court in that at the pre-trial of this cause certain questions only were reserved to be submitted to the jury for decision, and that at the trial of said cause, plaintiffs were permitted to go beyond the questioning reserved.”

Second. Accident or surprises which ordinary…