Standard Furniture Co. v. City of Seattle

Citations

• 57 Wash. 290
• 106 P. 901
• 1910 Wash. LEXIS 743

Syllabus

<p>Trial — Notice of Trial — Waiver of Objection — Eminent Domain. The notice of trial required by Rem. & Bal. Code, § 319, is not jurisdictional, and is waived, on the preliminary hearing in a condemnation suit, where the party -made no motion to set aside the adjudication of public use, and subsequently went to trial on the question of damages, after ample time to prepare for the same.</p> <p>Eminent Domain — Damages—Trial—Consolidation of Cases— Discretion. In eminent domain proceedings by a city, it is discretionary, under Rem. & Bal. Code, § 7768 et seq., to consolidate actions against the owner and the lessee, and the ruling will not he reviewed unless prejudice is clearly shown.</p> <p>Same — Decree—Division of Damages. In eminent domain proceedings by a city, Rem. & Bal. Code, § 7778, authorizes the assessment of one recovery of damages against the landlord and tenant, leaving it for division between the parties entitled thereto.</p> <p>Trial — Misconduct of Judge — Comment on Credibility of Witness. Upon the examination of a witness as an expert upon land values, it is error for the court to remark in the presence of the jury that the witness had qualified as an expert in other hearings and was competent to give an opinion as shown thereby and by reason of his connection with a well-known real estate office for three and one-half years.</p> <p>Witnesses — Experts—Qualification — Evidence — Opinions. A witness is not qualified to give an opinion as to the value of real estate along a certain street from the fact that he had lived in the city eight years and had been in the real estate business, where it was not shown that he had bought or sold property along the street or was otherwise familiar with values there or elsewhere in the city.</p>