Ingram v. Wishkah Boom Co.

Citations

• 35 Wash. 191
• 77 P. 34
• 1904 Wash. LEXIS 434

Syllabus

<p>Pleadings — Definiteness — Bill of Particulars — Unnecessary to Plead Evidence — Discovery of Facts. It is not error to refuse to require the complaint to be made more definite and certain or to refuse to require a bill of particulars, where the complaint pleads the ultimate facts, and the object was to require the plaintiff to plead his evidence, or to obtain a discovery of facts in possession of the plaintiff, since the remedy is hy interrogatories served and answered before the trial.</p> <p>Waters — Riparian Rights — Overflow in Floating Logs in Unusual Manner — Negligence Not Essential — Complaint— Sufficiency. A complaint by a riparian owner against a logging company using the stream for floating and driving logs need not allege negligence on the part of the defendant, where it is alleged that the defendant created log jams and by dams and artificial freshets floated the logs and overflowed plaintiff’s premises, since these acts- are wrongful and an abuse of the right of navigation.</p> <p>Trial — Verdict—When Not Disturbed. A verdict will not be disturbed where there is substantial evidence in support of all the issues, and there is nothing to indicate that it was the result of passion or prejudice.</p> <p>Damages — Evidence — Testifying to Amount in Money — When Permissible. In an action by a riparian owner for damages caused by a boom company in floating logs down a stream, it is not prejudicial error to allow the plaintiff to testify to his damage in money, where the injury consisted in the depreciation of the value of the land and the destruction of personal property, and he testified as to the values and after-wards stated the sum total, which could have been arrived at by a mathematical calculation.</p> <p>Evidence — Admission of Answer Without the Complaint— Harmless Error. The admission in evidence of an answer to contradict the statement of the party verifying it, without introducing the complaint, is harmless where the only part of the answer rea