Wilson v. West & Slade Mill Co.

Citations

• 28 Wash. 312
• 68 P. 716
• 1902 Wash. LEXIS 487

Syllabus

<p>TRIAL — ERROR IX ADMITTING EVIDENCE — CURED BY INSTRUCTIONS.</p> <p>Error in the admission of improper evidence is cured by the instruction of the court specially charging the jury not to consider it in arriving at their verdict.</p> <p>NUISANCE-OBSTRUCTION OE STREET-ACTION JTOR DAMAGES.</p> <p>In an action for the recovery of damages occasioned through the maintenance of a public nuisance, it was not error for the court to charge the jury that plaintiffs must show some special damages to themselves, differing in kind from that suffered hy the general public, before they would be entitled to recover even nominal damages.</p> <p>SAME-MISLEADING INSTRUCTIONS.</p> <p>In an action for damages occasioned plaintiffs by the obstruction of a street which they were compelled to use in the conduct of their business between their mill and their lumber yard, a charge hy the court that “in actions of this kind, the proofs must correspond with the material hearings of the pleadings, and the proof is fatal to the plaintiffs’ right to recover; and unless you believe from the evidence in this case that the obstruction referred to in the plaintiffs’ complaint resulted in plaintiffs’ damage as owners of lots 7 and 8 in block 21, described in plaintiffs’ complaint, it matters not how or in what manner or relation to what other property damages may have resulted. and your verdict should be for defendants,” was so misleading as to constitute prejudicial error.</p> <p>SAME-LIABILITY OF JOINT TORT FEASOR.</p> <p>In such an action, a charge that, if the jury should find that one of the defendants had nothing to do with the obstruction of the street further than the delivering of timber ordered by its co-defendant at that point, its verdict should be in favor of such defendant, was erroneous, under the rule that one who jointly with another places an obstruction in a public street is liable for any damage occasioned thereby during the continuance of the obstruction, from which he could no