Fruitland Irrigation Co. v. Smith

Citations

• 54 Wash. 185
• 102 P. 1031
• 1909 Wash. LEXIS 967

Syllabus

<p>Eminent Domain — Award op Damages — Appeal—Review. Upon appeal from an award of damages in a condemnation proceeding, only errors going to the propriety or justness of the award can he reviewed.</p> <p>Continuance — Grounds—Time por Application- — Showing. It is not an abuse of discretion to deny a continuance in a condemnation case, asked when the case was called on February 26th, because the ground was covered with snow and could not he shown to the witnesses, where the party made no objection on February 10th to the setting of the case for trial on February 14th, and made no showing that conditions had changed, and where the opposite party was in court ready for trial when the case was called.</p> <p>Jury — Right to Trial- — Waiver. Failure to demand a jury in a condemnation proceeding at the time the case is set down for trial waives the right to a jury trial.</p>