Alexis v. Pittinger

Citations

• 119 Wash. 626
• 206 P. 370
• 29 A.L.R. 733
• 1922 Wash. LEXIS 843

Syllabus

<p>Landlord and Tenant (60) — Injury to Premises by Landlord— Negligence — Defenses. Tbe fact that blasting on leased premises was done by an independent contractor, employed by the landlord to do the blasting,, is no defense to the tenant’s action for damages to the demised premises, and disturbing the tenant’s quiet possession thereof; especially where the operations were supervised by the landlord, and were wilfully designed to disturb the tenant.</p> <p>Same (60) — Negligence—Evidence—Sufficiency. Where a landlord reserves the right to clear uncleared portions of the land leased, the fact that the usual and customary method was by blasting with stumping powder would not justify the negligent and wanton use of excessive charges of powder in such a manner as to unnecessarily injure, .damage and deprive a lawful tenant of peaceable possession of tbe premises not being cleared.</p> <p>New Trial (25) — Grounds—Excessive Damages. It is not an abuse of discretion for the trial court to deny a motion for new trial based on excessive damages due to passion and prejudice in an action for damages to buildings and business by blasting stumps, where the jury returned a verdict of $700 and the evidence would justify a larger verdict on the basis of loss of profits alone.</p>