Legal Opinion · Dissent

Brown v. Quick Mix Co.

Washington Supreme Court

Decided May 1, 1969No. 39483Published

1DissentNeill, J.

(dissenting)—I am in disagreement with the view of the majority that evidence of subsequent changes (the welding of a truncated cone to the centralizer) is admissible to show feasibility when the issue of feasibility has not been raised by the defendant. The admission of evidence of this nature is extremely prejudicial to a defendant which has, in good faith, attempted to prevent recurrence of an accident and injury. The exception we have heretofore permitted (Kennard v. Mountain View Dev. Co., 69 Wn.2d 492, 419 P.2d 154 (1966)), which allowed evidence of subsequent change only when the issue…

2Cases cited2 opinions

  1. Kennard v. Mountain View Development Co.Washington Supreme Court · 1966
  2. Banks v. Seattle School District No. 1Washington Supreme Court · 1938

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