Questão jurídica principal
Whether the cantonal appellate court arbitrarily refused to hear new witnesses and order expert reports on appeal.
Decisão extraída
The refusal was not arbitrary; the requested evidence had not been properly sought in first instance, and the appellate court had wide discretion under cantonal procedure.
Fundamentação extraída
Art. 307 LPC Gen. did not entitle a party to fill evidentiary gaps on appeal. The witnesses and experts were either available earlier or the proposed evidence was irrelevant at that stage.