State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.

Citations

• 67 Wash. 317
• 121 P. 467
• 1912 Wash. LEXIS 1172

Syllabus

<p>Contempt — Civil Contempt — Damages—Right to Jury Trial. The right to trial by jury does not extend to proceedings for contempt for the wilful violation of a judgment, although damages for civil contempt are claimed and may be awarded on summary trial by the court, under Rem. & Bal. Code, §§ 1053, 1056.</p> <p>Contempt — Civil Contempt — Affidavit—Sufficiency. An affidavit for civil contempt for the violation of a judgment is sufficient where it sets out a wilful violation of the order and the damages caused thereby.</p> <p>Contempt — Civil Contempt — Measure of Damages. The measure of damages for civil contempt in operating a boom in violation of a judgment, whereby certain logs were prevented from entering relator’s boom, is the price relator would have earned in booming the logs, less the reasonable cost of boomage; the profit being neither remote nor speculative.</p> <p>Fullerton, J., dissents.</p>