City of Seattle v. Bingham Investment Co.

Citations

• 117 Wash. 368
• 201 P. 300
• 1921 Wash. LEXIS 1057

Syllabus

<p>Eminent Domain (156) — Appeal (406) — Review—Discretion— New Trial for Excessive Damages. The trial of condemnation proceedings by a city, including motions for a new trial, being governed, under Const., art. 1, § 16, and Rem. Code, § 7779, by the same rule as in other civil actions, the appellate court is confined to a determination whether the trial court abused its discretion in passing on the motion for a new trial.</p> <p>Appeal (72) — Affecting Substantial Right — Partial Judgment. Where a motion for a new trial is based upon three grounds, the action of the trial court in passing on but one of the grounds in favor of the movant does not preclude such movant from the right of appeal as to the other grounds.</p> <p>Same (373) — Review—Theory—Grounds of Motion for New Trial. On affirmance of an order granting a new trial, the appellate court will not discuss additional grounds urged on the motion which were not passed upon by the trial court, in order to avoid making such grounds the law of the case on the new trial.</p>