Wishkah Boom Co. v. Greenwood Timber Co.

Citations

• 100 Wash. 472
• 171 P. 234
• 1918 Wash. LEXIS 755

Syllabus

<p>Appeal — Record — Abstracts — Dismissal. Under Rem. Code, § 1730-6, insufficiency .of the abstract of the evidence is not ground for dismissing-an appeal, but only for motion to amend it.</p> <p>Appeal—Record—Statement of Facts—Equity. In an equity case, it is discretionary to make findings of fact, and where none are made, the statement of facts will not be struck out for failure to except to the findings.</p> <p>Logs and Logging—Driving and Booming—Liens—Rates. In an action to foreclose liens upon logs for driving and booming, the court has no power to fix rates, but only to determine whether a rate charged is reasonable.</p> <p>Same—Driving and Booming—Lien—Decree. In an action to foreclose liens upon logs for driving and booming, a decree allowing for foreclosure for fees, including “delivery,” must be construed to mean delivery at the boom.</p> <p>Same—Driving and Booming—Liens—Foreclosure. An action to foreclose liens for booming and driving logs being an equity case, it is not error to refuse to make findings of fact, nor to separately fix the rate for driving and the rate for booming; especially if the aggregate rate fixed was within the evidence and the pleadings.</p> <p>Same—Driving and Booming—Rates — Evidence — Sufficiency. In an action to foreclose liens for booming and driving logs, findings in a certain amount will not be set aside when supported by the testimony of an expert whose methods were commendable and who showed the utmost fairness to the parties.</p> <p>Same—-Rates—-Basis. In an action to foreclose liens for booming and driving charges, the proper basis for fixing the rates is the present fair cash value of the public utility, which its reproduction cost, minus its depreciation, if any.</p>