Sultan Water & Power Co. v. Weyerhauser Timber Co.

Citations

• 31 Wash. 558
• 72 P. 114
• 1903 Wash. LEXIS 669

Syllabus

<p>APPEAL — REVIEW-NECESSITY OP MOTION FOB NEW TRIAL.</p> <p>A motion for a new trial for alleged error of the court in. refusing to allow the introduction of certain evidence is unnecessary as a preliminary to the review of such error on appeal.</p> <p>EMINENT DOMAIN-APPROPRIATION OF LAND-MEASURE OF DAMAGES.</p> <p>In condemnation proceedings to appropriate a right of way for ditch and flume purposes through defendant’s land, the measure of defendant’s damages would be the value of the land taken, together with the decrease in value of the balance of defendant’s lands lying in one continuous tract adjacent to that taken, but not the injury to other tracts which merely have a common corner and are not otherwise part of a continuous tract.</p> <p>SAME-RESULTING INJURY TO RIGHT OF NAVIGATION.</p> <p>Where lands are appropriated for the purpose of constructing a dam across a navigable stream with one end resting on the lands sought to be appropriated, damages by reason of the obstruction of navigation would not be an element for consideration in the condemnation proceedings, but it would be necessary to litigate such damages in another action brought for the specific purpose.</p> <p>SAME-PUBLIC USE-EVIDEN CE.</p> <p>Where the court has already adjudged that the appropriation of land for the construction of a dam across a stream was for a public use, it was not error for it to 'exclude evidence to the effect that the appropriator had stated the water was to he used as a fish pond.</p>