Doe v. Tenino Coal & Iron Co.

Citations

• 43 Wash. 523
• 86 P. 938
• 1906 Wash. LEXIS 741

Syllabus

<p>Parties — Capacity to Sue — Trustee op Express Trust. One of the foreign executors of an estate, who is, in writing, empowered by the beneficiaries of such estate to purchase certain property in the interest of the estate, is thereby constituted a trustee of an express trust, within Bal. Code, § 4825, authorizing such a trustee to sue in his own name for recovery of the property.</p> <p>Taxation — Nature of Property — Mines — Machinery Used in Coal Mines. Under Bal. Code, § 1656, 1698, engines, boilers, pumps, coal and water cars, rails, tools and implements used, or for use, in connection with the operation oí a coal mine, are assessable as real estate; and an assessment thereof as personal property, and a tax sale thereunder of the entire property, is void; although some items alone of comparatively inconsiderable value might properly be assessed as personal property.</p> <p>Replevin — Damages for Detention — Trial—Excessive Verdict. Where in replevin the verdict finds the value of the property taken to be $4,324.90, and by a special verdict the cost of restoring the property and interest by way of damages for detention is found to be only $398.35, a verdict for $4,130 damages for detention, is excessive, and will be reduced on appeal to the proper amount.</p>