Northern Pacific Railway Co. v. Myers-Parr Mill Co.

Citations

• 54 Wash. 447
• 103 P. 453
• 1909 Wash. LEXIS 1014

Syllabus

<p>Trial — Argument — Objections — Appeal — Preservation of Grounds. It cannot be claimed that the court refused to allow argument to the jury on the value of timber, upon taking the other issues from the jury, by reason of the statement of the court that the only matter counsel could discuss was as to the amount of the timber cut and as to whether plaintiff was entitled to treble damages, there being no request made to permit discussion of the value, or any attempt to do so.</p> <p>Trespass — Cutting Timber — Evidence—Sufficiency. In an action for damages for cutting timber on the defendant’s land, judgment is properly directed for plaintiff, where its title indisputably appears and- defendant cut the timber without plaintiff’s consent.</p> <p>Public Lands — Grants — Railroad Right of Way — Title Acquired — Standing Timber. Act Cong., July 2, 1864, granting the Northern Pacific Railroad Company a four-hundred foot right of way across public lands, conveys a fee simple title, including the title to standing timber.</p> <p>Appeal — Record—Preservation of Grounds — Instructions — Requests. Error cannot be assigned on an exception to the refusal to give a requested instruction, where the transcript does not show that a request therefor was made in writing and filed as required by Bal. Code, § 5064.</p> <p>Appeal — Review—Harmless Error — Instructions. It is harmless error to refuse an instruction that the -jury must find the value of timber at the time of the trespass, where there was no evidence of value at any other time, and the jury found the value upon ample evidence.</p> <p>Trespass — Cutting Standing Timber — Actions—Treble Damages. An action for the wrongful and willful cutting of timber on the land of another, the complaint praying for treble damages, is an action in tort, under Bal. Code, §§ 5656, 5657, upon which treble damages may be awarded.</p> <p>Same — Special Findings oe Juey. In an action for trespass in cutting standing timber, treble damages should