Koenig v. Whatcom Falls Mill Co.

Citations

• 67 Wash. 632
• 122 P. 16
• 1912 Wash. LEXIS 1223

Syllabus

<p>Boundaries — Surveys—Lost Corners — Location of Line — Evidence — Sufficiency. Plaintiffs evidence, that he, not being a surveyor, established a disputed center line of a section by measuring forty chains east of the southwest corner of the section, is insufficient to sustain a verdict finding that to he the true location of the line, where the true quarter corner was established in accordance with the rules for relocating lost corners on a straight line between and equidistant from the section corners, by an experienced and disinterested surveyor, who'.made an accurate survey and found the south line of the section to exceed one mile by 528 feet.</p> <p>New Trial — Grounds—Insufficiency of Evidence — Abuse of Discretion. It is an abuse of discretion to refuse a new trial for insufficiency of the evidence to sustain the verdict where the evidence as a whole is insufficient, although there is some slight evidence, which, standing alone; might' sustain the verdict.</p>