Sholin v. Skamania Boom Co.

Citations

• 56 Wash. 303
• 105 P. 632
• 1909 Wash. LEXIS 893

Syllabus

<p>Jury — Right to Jury Trial — Demand. It is discretionary to submit the issues to trial by jury, although, no demand for a jury was made before trial, as required by Laws 1903, page 50, to avoid a waiver of the right.</p> <p>Continuance — Absence of Evidence — Discretion—Costs. It is discretionary to grant a continuance to enable a party to secure evidence, and error cannot be predicated thereon when the adverse party did not ask for costs as a condition precedent.</p> <p>Highways — Obstruction—Action by Private Person — Special. Damages. A mail carrier, whose route was over a bridge negligently destroyed by the defendant, sustains special damage for which he may maintain action, under the common law and under Bal. Code, §§ 5660, 5661, relating to the obstructions of highways, and authorizing actions therefor by any person injuriously affected, where, after destruction of the bridge, he sustained losses by reason of being compelled to deliver the mail by a more circuitous route.</p>