Grant v. Huschke

Citations

• 70 Wash. 174
• 126 P. 416
• 1912 Wash. LEXIS 1024

Syllabus

<p>Fraud — Issues and Prooe — Evidence—Admissibility. In an action on a land trade, in which the answer alleged fraud by the plaintiff in misrepresenting the character of the land as susceptible to irrigation, evidence as to the value of the land is not objectionable because not coupled with the appurtenant water rights; and it was proper to rule and instruct that no damages were claimed by defendant because of failure to have water on the land, where practically all the testimony segregated the value of the land and the value of the water rights, and there was no claim that the plaintiff did not convey the water rights according to representations.</p> <p>New Trial — Grounds—Instructions—Requests. A new trial should not be granted for failure to give an instruction which was not specifically requested.</p> <p>Appeal — Review—Grant of New Trial — Discretion. The grant of a new trial for errors of law is not a matter of discretion, and the supreme court will determine its correctness independently of the judgment of the trial court.</p> <p>Appeal — Questions Reviewable — New Trial. Where a new trial is granted upon one specified legal ground, no other will be considered on appeal.</p> <p>Appeal — Parties Entitled to Allege Error. On appeal from an order granting a new trial for error of law only, the respondent cannot urge the insufficiency of the evidence to sustain the verdict.</p>