Grays Harbor Boom Co. v. Lownsdale

Citations

• 54 Wash. 83
• 102 P. 1041
• 1909 Wash. LEXIS 948

Syllabus

<p>Appeal — Record—Statement of Pacts — Certificate by Successor on Death of Trial Judge. Bal. Code, § 5061, authorizes the settlement of a statement of facts, after the death of the judge who tried the case, by his successor in office; and if the judgment was rendered hy a visiting judge in another county than that of his residence, his successor in office may certify the statement of facts while presiding as a visiting judge in such county.</p> <p>Eminent Domain — Damages—Water Courses — Reparian Rights —Value of Shore as Boom Site. In condemnation proceedings by a boom company to condemn riparian rights of owners on the bank of a stream in which the tide ehhs and flows, the owners are not entitled to have the damages assessed with reference to the value of the property as a boom site; since the right to maintain a boom is not appurtenant to the uplands, the tide lands belong to the state, and the boom site may be granted by the state without reference to riparian ownership (Rudkin, C. J., Dunbar, and Gose, JJ., dissenting).</p> <p>Same — Trial—Damages. A verdict on the question of damages in a condemnation proceeding is not conclusive as to the amount of damages, if there was error in injecting into the case an improper element of damages.</p> <p>Appeal — Review—Evidence—Error Not Cured by Instructions. In condemnation proceedings, error in receiving evidence of an improper element of damages and refusing, in the presence of the jury, to strike out such incompetent evidence, which indirectly affected the verdict, is not cured by instructions to the jury that they Should not consider that element in estimating the damages.</p> <p>Navigable Waters — Lands Under Water — Rights of State. Under Const., art. 17, § 1, the state owns the beds and shores of all navigable waters up to the line of ordinary high tide.</p> <p>Riparian Rights — Tide Lands — Eminent Domain — Damages. In condemnation proceedings of lands and shore rights for a boom site, a riparian owner is not