City of Tacoma v. Wetherby

Citations

• 57 Wash. 295
• 106 P. 903
• 1910 Wash. LEXIS 744

Syllabus

<p>Eminent Domain — For Streets — Petition—Description of Property. In proceedings by a city to condemn land for a street, under Rem. & Bal. Code, § 7771, tbe petition need not describe land damaged or the whole tract out of which the land is taken, but only the land taken.</p> <p>Same — Necessity of Answer. In condemnation proceedings by a city under Rem. & Bal. Code, § 7771, etc., no answer offering an issue is necessary.</p> <p>Same — Damages—Evidence—Consequential Injury. In eminent domain proceedings by a city, the landowner may give evidence of consequential damages, although only the part of the land to be taken is described.</p> <p>Same — Evidence—Values—Prices Paid — Harmless Error. It is not so prejudicial as to require a reversal that, upon an issue as to the value of land condemned, the owner was asked on cross-examination what he paid for it; where defendant had asked a witness what had been paid for similar land, and there was other evidence as to the value, supplemented by a view by the jury.</p> <p>Same — Comparison of Values. Upon an issue as to the value of land condemned, it is not error to refuse to allow witnesses to approximate the value by reference to platted property, where the property was not platted, and the owner had shown it to be especially valuable for factory purposes and special uses.</p> <p>Eminent Domain — Appeal—Record—Review. The refusal, in eminent domain proceedings, to allow evidence that the land had been leased, will be presumed correct when a copy of the lease offered in evidence is not in the record.</p> <p>Trial — Instructions—Requests. Objection that an instruction failed to name the date for fixing the market value of land, cannot be made in the absence of any request therefor.</p> <p>' Trial — Instructions—Argument of Counsel. An instruction that the jury are to “disregard the statements of the attorneys as to the value of the lands,” while not commendable is not prejudicial, where it goes no further than to suggest t