Rieckhoff v. Northern Pacific, Yakima & Kittitas Irrigation Co.

Citations

• 10 Wash. 139
• 38 P. 881
• 1894 Wash. LEXIS 170

Syllabus

<p>ACTION FOR. DAMAGES — PEEADING AND PROOF — INSTRUCTIONS.</p> <p>In an action in which special damages are alleged in a certain sum, and the only specific proof on the subject puts the damages at a less sum, it is error to refuse defendant’s request to charge the jury that no greater sum than the amount given in proof could be assessed as damages.</p>