North River Boom Co. v. Smith

Citations

• 15 Wash. 138
• 45 P. 750
• 1896 Wash. LEXIS 153

Syllabus

<p>APPROPRIATION OF TIDE LANDS BY BOOM COMPANY — PARTIES —CONSTITUTIONAL LAW — SPECIAL PRIVILEGES — APPEAL — ERRORS NOT URGED — MISCONDUCT OF CLERK.</p> <p>The state is not a necessary party to an action for the appropriation by a boom company of tide lands, which the state has contracted to sell, as the state’s interest in land is not subject to condemnation.</p> <p>The alleged unconstitutionalit.y of the act conferring upon boom companies the right of eminent domain, owing to defect in the title of the act, will not be considered on apeal, when not raised in the court below nor in the briefs in the supreme court.</p> <p>A law conferring the right of eminent domain upon boom companies is not open to the objection that it contravenes the constitutional prohibition (art. 2, § 28) against the enactment of special laws granting corporate powers or privileges.</p> <p>The fact that one instruction given by the court had been inadvertently withheld by the clerk, upon a request from the jury during their deliberations to have the instructions sent them, cannot be urged as error, in the absence of any showing that the appellant was prejudiced by such omission.</p>