Park v. Northport Smelting & Refining Co.

Citations

• 47 Wash. 597
• 92 P. 442
• 1907 Wash. LEXIS 818

Syllabus

<p>Damages—Injuries to Property-—-Trees—-Measure op -Damages. In an action for damages from tbe destruction of growing trees, tbe measure of tbe damages is tbe loss or diminution in tbe value of tbe premises.</p> <p>Same—-Pleading. Where damages for tbe destruction of growing trees would be tbe same whether measured by tbe value of tbe timber or of the diminution in tbe value of tbe premises, it is immaterial upon what theory the complaint was drawn.</p> <p>Evidence—Opinions—Injury to Trees—Witnesses—Competency. In an action to recover damages for tbe destruction of growing trees, witnesses qualified as experts on real estate values are incompetent to testify as to tbe loss sustained, where no attempt was made to qualify them as to tbe market value of tbe timber.</p> <p>Damages—Injury to Trees—Trespass—Limitations—Evidence. In an action for damages to growing trees by reason of the operation of a smelter during and for several years prior to the running of the statute of limitations, the damages cannot be determined by evidence of the value of the land at the time of the commencement of the action as compared with two years previously, where it appears that much of the timber was destroyed without the statutory period, but rotted and decayed within the statutory period.</p> <p>Witnesses—Competency—Damages — Evidence —• Value of Timber. In an action for damages from the destruction of growing trees, a witness is competent to testify as to the number of thousand feet of saw timber on the land, although he was not an expert cruiser, where it appears that he measured the fallen trees and ascertained the number of feet therein and estimated the standing trees by comparison with the fallen trees of the same size.</p> <p>Damages—Certainty. The difficulty of proving damages to growing trees during the period of the statute of limitations is no bar to a recovery of substantial damages.</p> <p>Witnesses—Competency—Knowledge of Facts. A witness knowing the fact from observatio