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

Citations

• 62 Wash. 646
• 114 P. 515
• 1911 Wash. LEXIS 760

Syllabus

<p>Evidence — Value op Land — Opinions — Witnesses — Cross-Examination — Discretion. Upon an issue as to the value of a lot used for the storage of oil, which business could not be carried on within the fire limits, it is proper on cross-examination to ask a hypothetical question as to the value that would be added by use of the lot under specified conditions for a “profitable oil business,” where there was evidence that there was no other location in the city for the carrying on the business “with equal profit;” it being discretionary to allow great latitude on cross-examination of witnesses as to values.</p> <p>Appeal — Review—Harmless Error — Immaterial Evidence. Upon an issue as to the value of a lot used for storing oil, it is not prejudicial error to allow the owner to testify that he was the only competitor of the Standard Oil Company in the city, although the evidence was immaterial.</p> <p>Same — Harmless Error — Evidence—Cured by Instructions. Upon an issue as to the value of a lot condemned, it is not reversible error to allow the owner to testify as to the business for which the lot was used and the volume or extent of such business, when the jury were instructed that the business was shown solely for showing the use to which the property was adapted and they could not consider the volume or extent of such business or injury thereto.</p> <p>Same. Upon an issue as to the value of a lot, where, in an answer to a question as to whether witness had ever heard of a sale in the vicinity at plaintiff’s valuation, the witness stated that he had bought a lot at a certain price, paid part in cash and balance in other property, it is not prejudicial error to refuse to strike the answer, allowing it to go to the jury “for what it is worth.”</p> <p>Evidence — Value of Property — Offers. Upon an issue as to the value of a lot, it is not competent to prove in rebuttal that property in the vicinity had been offered and listed at specified prices.</p> <p>Trial — Miscondu