Portland & Seattle Railway Co. v. Skamania Boom Co.

Citations

• 59 Wash. 191
• 109 P. 814
• 1910 Wash. LEXIS 1163

Syllabus

<p>Appeal — Remand—Vacating Supersedeas on Certiorari — Eepect —Remittitur. Where, upon affirmance of an order adjudging a public use in a condemnation case, the supreme court vacated the supersedeas granted at the time of allowing the writ of review, the lower court may proceed with the trial without waiting for the remittitur from the supreme court.</p> <p>Appeal — Review — Harmless Error — Courts — Order Outside County. Error, if any, in setting a cause for trial by an order made outside of the county in which the action is pending is harmless where the party had notice and a fair trial..</p> <p>Eminent Domain — Proceeding—Assessment oe Damages. Where the full title to land had been condemned for a railroad right of way, the owner is not entitled, in proceedings to assess damages, to have the company produce the plans for the construction of the roadbed.</p> <p>Eminent Domain — Damages—Expert Witnesses — Competency. Where there was an issue as to whether land condemned was more valuable for farming purposes or for booming purposes, it is proper to overrule an objection to the competency of two witnesses who were farmers and competent to testify as to its value for agricultural purposes.</p> <p>Same — Evidence—Materiality. Upon an issue as to the value of land condemned for a railroad right of way, the company should not be required to produce the plans for a bridge which was not on the land in controversy.</p> <p>Same — Appeal—Review—Verdict. The award of a jury in a condemnation proceeding well within the extremes of conflicting evidence, after a view of the premises, is conclusive on appeal.</p>