Buyken v. Lewis Construction Co.

Citations

• 59 Wash. 220
• 109 P. 608
• 1910 Wash. LEXIS 1170

Syllabus

<p>Trespass — Justification—Evidence—Question for Jury. In an action for trespass in sluicing and removing earth from plaintiff’s lots, it cannot be said, as a matter of law, that plaintiff’s removal from the premises to a house furnished by the defendant and permitting the work to go on, established that the work was done under a contract and that plaintiffs assented thereto, where the evidence on this issue was conflicting.</p> <p>Damages — Injury to Property — Excessive Verdict. A verdict for $1,500 damages from the sluicing and removal of earth from a lot cannot be said to be excessive, where there was evidence that the lot was worth $4,000 or $5,000 before the injury, and was now of no value to live on, the nature of the wrongs was fully described to the jury, two juries awarded the same damages, and two trial judges had permitted the verdicts to stand.</p>