Rogers v. Kangley Timber Co.

Citations

• 74 Wash. 48
• 132 P. 731
• 1913 Wash. LEXIS 1995

Syllabus

<p>Trial — Misconduct op Counsel — Statements Outside Record— Palr Trial. The repeated use by counsel of abusive language charging appellant with theft and fraud, not supported by anything in the record, and tending to prejudice the minds of the jury, deprives the party of a fair trial, and the error is not cured by instructing the jury to disregard the statements of counsel.</p> <p>Trespass — Cutting Timber — Treble Damages — Casual or Involuntary Trespass — Instructions. In an action for trespass for wilfully cutting timber, it is error to instruct that, if defendant removed down timber after notice to cease cutting and removing it, his acts as to such timber were voluntary and intentional; and to refuse to instruct that such removal, if done to save as much loss as possible, would not be evidence that the original trespass was wilful. ,</p>