King County v. Joyce

Citations

• 96 Wash. 520
• 165 P. 399
• 1917 Wash. LEXIS 614

Syllabus

<p>Eminent Domain — Trial—Reception of Evidence. Where the county In an eminent domain case offered a properly identified map during the progress of the case as to part of the claimants, it is not necessary to reidentify it upon an issue as to other claimants, but the same is .in evidence for all purposes.</p> <p>Evidence — Opinions—Land Values — Amount of Damages. In an eminent domain case, qualified witnesses may give their opinions as to whether the benefits to accrue would outweigh the damages sustained.</p> <p>Evidence- — Conclusions of Law — Construction of Contract — Intent of Party. In eminent domain proceedings, it is not prejudicial error to allow claimants to state that they were the owners of shingle bolts on the land under the terms of a contract, where the question of ownership depended upon the intention of their company to abandon its rights under the contract.</p> <p>Trial — Objections—Waiver. An objection to testimony is waived by stating, upon argument, “Never mind. It is not competent but we want to get through with the case,” although a motion to strike was made after answer was completed.</p> <p>Appeal — Review—Harmless Error. Error in the admission of evidence as to an abandonment of appellant’s rights is not prejudicial where the jury found there was no abandonment.</p> <p>Witnesses — Cross-Examination. A witness as to land values may be asked on cross-examination the amount he would loan upon the property as security.</p> <p>Trial — Remarks of Judge. Prejudicial error cannot be predicated upon the remark of the trial judge upon a party’s recalling a witness, that “you have had him three or four times.”</p> <p>Eminent Domain — Damages—Evidence. Upon an issue as toi tlie value of an abandoned railroad grade, evidence of tributary standing timber that might find a natural outlet over it is inadmissible as too remote and speculative.</p> <p>Same. In eminent domain proceedings to change a county road, evidence tending to show damages to bottom la