Harold v. Toomey

Citations

• 92 Wash. 297
• 158 P. 986
• 1916 Wash. LEXIS 1143

Syllabus

<p>Appeal — Review—Findings—Failure to Request. Error cannot be predicated on failure to make findings, where the judgment contains the findings necessary to support it, and no findings were proposed or refused.</p> <p>Trespass — Treble Damages — Statutes—Proof oe Intent. An action under Rem. & Bal. Code, § 939, for treble damages for wilful trespass and malicious cutting of trees, while strictly construed, is not a penal action, and it is not necessary to prove intent beyond the commission of the act and its consequences.</p> <p>Trespass — Wilful Trespass — Evidence — Sufficiency. A finding of wilful trespass in cutting trees is sustained by the evidence, although circumstantial only, where it appears that the only trees cut interfered with defendant’s marine view, he was seen on the premises the day the damage was done, with an axe and ladder, in the absence of the custodians, and he did not testify or explain the circumstances.</p> <p>Evidence — Presumptions—Failure to Testify. In an action for treble damages for trespass, defendant’s failure to testify as to matters material to his case as to which he has especially full knowledge warrants an inference that the truth would not aid his contention; the statutory rule in criminal cases not applying.</p>