Nethery v. Nelson

Citations

• 51 Wash. 624
• 99 P. 879
• 1909 Wash. LEXIS 1242

Syllabus

<p>Witnesses — Impeachment—Laying Foundation. It is not prejudicial error to permit impeachment of a witness without laying formal or regular foundation, where the conversation in question had been sufficiently called to the attention of the witness while on the stand, and he recalled the circumstances but denied the conversation.</p> <p>Appeal — Exceptions—Sufficiency. In an action for trespass an exception to instructions “to the effect that defendants must ascertain the line or they would be guilty of a wilful trespass,” does not raise any objection to an instruction that the burden of proof was upon the defendants to show a casual or involuntary trespass.</p> <p>Trespass — Damages—Excessive Verdict. A verdict for $974.19 for trespass in cutting trees is excessive where the testimony most favorable to the plaintiff showed the cutting of forty-seven trees of the stumpage value of $785.74, and the testimony that standing timber left was rendered less valuable was outside the issues, and there was no testimony as to the extent of depreciation of the value of standing timber or of the land.</p> <p>Trespass — Voluntary-—Evidence—Sufficiency. A finding that a trespass was not casual or involuntary is supported where defendants cut trees without having made an effort to locate section lines, which were easily located after the trespass.</p> <p>Same — Damages. Evidence that 250,000 to 390,000 feet of timber cut was of the value of from $1 to $2 per thousand should not warrant a finding that the fair value of the timber was over $500.</p>