121 Wash. 404 | Wash. | 1922
This is a condemnation action. The Olympia Door Company, a corporation, was one of the defendants. The trial before the jury resulted in awarding it only nominal damages. A motion for a new trial was made and sustained, from which the plaintiff appeals.
On the eleventh day of September, 1920, the city of Tacoma, the appellant, instituted proceedings in the superior court of Mason county for the purpose of
The issue is whether the river was floatable in its natural state in a commercial sense. If it was, the respondent would have the right to substantial damages. If not, only nominal damages. The evidence of the appellant was to the effect that the river was not float-able for timber products. The evidence of respondent, if believed by the jury, would sustain a finding that it was floatable.
The sole question, therefore, is whether the trial court, upon this conflicting evidence, abused its discretion in granting the motion for a new trial. The motion was made upon a number of grounds, but was sustained upon specific ground “that the evidence was insufficient to sustain the verdict.” It has many times been held by this court that, when the trial court grants a motion for a new trial upon this ground, it cannot be here disturbed unless there was a manifest abuse of discretion. This rule is recognized by the appellant, but the argument is made that the present case is taken out of the rule because of the more convincing charac
Affirmed.
Parker, C. J., Holcomb, Mackintosh, and Hovey, JJ., concur.