Birch v. Abercrombie

• Court: Washington Supreme Court
• Writing for the Court: ELLIS, J.
• Citation: Birch v. Abercrombie, 135 P. 821 (Wash. 1913)
• Decision Date: 18 October 1913
• Parties: BIRCH et ux. v. ABERCROMBIE et al.

135 P. 821

BIRCH et ux. v. ABERCROMBIE et al.

Supreme Court of Washington

October 18, 1913

On petition for rehearing. Opinion modified, and rehearing denied.

For prior opinion, see 133 P. 1020.

ELLIS J.

The respondents, in their petition for rehearing, complain of the use of the word 'deliberately,' as applied to the placing before the jury of essentially prejudicial matter. We are wedded to no particular form of words, and gladly substitute for the one mentioned the word 'unnecessarily,' which is equally within the authorities. We further disclaim any intention to would the sensibilities of any one. The correction will appear in the bound volume of our reports.

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