Jemo v. Tourist Hotel Co.

Citations

• 55 Wash. 595
• 104 P. 820
• 1909 Wash. LEXIS 807

Syllabus

<p>Appeal — Notice-—Time for Taking. Where judgment was rendered February 3, and filed the next day, a notice of appeal and appeal bond served and filed May 3, is within the ninety days provided by Bal. Code, § 6502.</p> <p>Same — When Time Begins to Run — Entry of Judgment — New Trial. Where, after a judgment on a verdict, a motion for a new trial is denied and a new judgment ■ entered on motion of the successful party, he is estopped to deny that the latter is the final judgment, and it vacates the former, and time for taking an appeal begins to run from that time.</p> <p>Landlord and Tenant — Lease — Appurtenance — Implied Easement — Side Entrance. Where a lease of a room for a restaurant, in a hotel building, which had a front entrance on the street, and a side entrance into the lobby of the hotel which was a convenience but not necessary to the beneficial use of the property, the side entrance is not an appurtenance and there is no implied easement rendering the landlord liable in damages for closing the same.</p> <p>Damages — To Leased Premises — Approximation — Evidence— Sufficiency. Damages need not be shown with precision and accuracy, and a verdict for $250 for damages to leased premises, by reason of negligence of the landlord in repairing a building, is not unsupported or based on conjecture, where the walls were injured and the place of business closed while tenants made repairs, at an expense estimated by them at five or six hundred dollars.</p>