82 Wash. 80 | Wash. | 1914
The plaintiff, a physician and surgeon, brought this action for the balance claimed to be due for professional services rendered to the defendant. The cause was tried to a jury. A verdict was returned for the plaintiff in the sum of $495 and interest. The defendant appeals.
There are but two assignments of error, the first of which is that the court erred in orally instructing the jury. The certificate of the trial judge to the statement of facts recites that, “The instructions were 'all given orally by agreement of counsel.” The appellant, having waived her right to have the jury instructed in writing, cannot now predicate error thereon. It needs no citation of authority to support the proposition that the right given by statute (Rem. & Bal. Code, § 339 [P. C. 81 § 587]) to have the jury instructed in writing may be waived.
The judgment will be affirmed.
Crow, C. J., Ellis, Gose, and Chadwick, JJ., concur.