Storseth v. Folsom

Citations

• 50 Wash. 456
• 97 P. 492
• 1908 Wash. LEXIS 762

Syllabus

<p>Fraud — Damages. The measure of damages for obstructing a logging road built partly on the lands of another in reliance upon fraudulent representations by defendant that he was the owner of the land, includes only that portion of the road built on the land in question, or at most, the part of the road that was rendered valueless by the obstructions.</p> <p>Damages — Evidence—Sufficiency-—-Trial—Nonsuit. In an action for damages for obstructing portions of certain logging roads, the measure of which was plaintiffs expense in building the portions of the roads obstructed, a nonsuit is properly ordered where the only evidence of damage was the entire cost of building the roads, and plaintiff persistently refused to give any evidence or estimate of the cost of the portions of the road in question.</p> <p>Appeal — Review—Harmless Error — Damages. In an action for substantial damages, it is not prejudicial error to grant a nonsuit where the plaintiff was entitled to only nominal damages.</p>