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· 12/13/1918

Pierce County ex rel. Bellingham v. Duffy

Citations

  • 104 Wash. 426
  • 176 P. 670
  • 1918 Wash. LEXIS 1202

Syllabus

<p>Evidence (103-108) — Hearsay—Experts. Tbe evidence of experts on land values is inadmissible and prejudicial where their estimates, as far as timber and improvements were concerned, were based on the estimates of other experts who were not called to testify.</p> <p>Trial (39) — Evidence—Motion to Strike. A motion to strike all the testimony of experts on land values, admittedly based in part on hearsay, is not too general because of the inclusion of proper preliminary testimony which was material only as associated with the valuations.</p> <p>Appeal (142) — Preservation of Grounds — Exceptions—Instructions. Error in orally instructing the jury is waived by the failure to take an exception to the giving of oral instructions at the time.</p> <p>Eminent Domain (76) — Measure of Damages — Benefits From Improvement. Upon condemnation for an army post, the measure of damages is the fair cash market value of the property without regard to any benefits that may result from the establishment of the post.</p>

Judges: Chadwick, MacKintosh, Main, Mitchell, Tolman

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