Clark Lloyd Lumber Co. v. Puget Sound & Cascade Railway Co.
Citations
- 96 Wash. 313
- 165 P. 94
- 1917 Wash. LEXIS 592
Syllabus
<p>Trial — Instructions—Issues. In an action for damages to a mill site and grounds through railroad construction, it is reversible error to instruct the jury upon plaintiff’s duty to minimize the damages by removing the cause of the injury, where there was no evidence to sustain it and that issue had been expressly withdrawn from the jury.</p> <p>Damages — Injury to Property — Measure of Damages — Duty to Minimize. In an action for damages to a mill site and boom grounds through railroad construction by dumping material and changing the contour of the shore and destroying anchorage which could not be restored, the measure of damages would be the difference in the value of the property before and after the work; but it may be shown that it was practicable to minimize the damages by restoring the contour of the shore and anchorage, in which case the measure of damages would be the reasonable cost of the work.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the lack of any monetary remedy for the infringement of riparian rights caused by boats docked at a wharf below the low-water mark because the affected party did not have a property interest in the submerged land beneath that part of the wharf
- “The right to use the waters covering flats between high and low water marks, for the purposes of navigation, was not intended to be abridged by the ordinance of 1641.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chadwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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