Bellingham Bay & British Columbia Railroad v. Strand

The opinion of the court was. delivered by

Hoyt, J. —

This was a proceeding to condemn property for corporate uses, under the act of February 1, 1888. *312Upon the trial, petitioner claimed the right to open and close in the introduction of testimony and argument to the jury. The court refused to allow it so to do, and this refusal is assigned as error. Petitioner contends that as this was a trial on appeal from the award of damages by commissioners, and as petitioner was the appellant, the question presented for the determination of the jury was as to whether or not the award of damages made by…