Boyce v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 82 Wash. 204
• 144 P. 27
• 1914 Wash. LEXIS 1496

Syllabus

<p>Pleading — Complaint—Stating Several Causes Separately — Demurrer. A complaint for damages to real and personal property, by reason of the breach of certain provisions of a right of way deed as to the care of surface water and providing crossings and ditches, is not demurrable because it states several causes of action which are not separately stated, although segregated portions of the complaint support that view, where the deed was made a part of the complaint, and the paragraphs wherein the facts upon which the action is based refer to the deed, and the complaint in its entirety predicates the action upon breach of the terms of the deed.</p> <p>Appeal — Assignment of Errors. Reversal will not be granted for error in denying a demurrer for failure to separately state several causes of action, where appellant does not seek a new trial and only asks that the action be dismissed.</p> <p>Judgment — Notwithstanding Verdict — Time for Motion. A motion for judgment non obstante veredicto is too late when not made until the day after the clerk’s entry of judgment upon the verdict.</p> <p>Judgment — Conformity to Verdict — Special Findings — Effect. Where there was general verdict for plaintiff in a lump sum for various items of damage, and a special finding that the plaintiff had not exercised ordinary care as to one item, without any segregation as to the damages by reason of such want of ordinary care, the defendant is not entitled to a judgment for only nominal damages, or to judgment non obstante veredicto, where there was evidence which, if believed, would have supported the judgment.</p> <p>Appeal — Review—Waiver of Error. Where appellant, in the court below, expressly refused a new trial, and did not ask one on appeal, the supreme court will not consider assignments of error, which only go to appellant’s right to a new trial.</p>