Smithrock Quarry, Inc. v. State

This action was brought to recover compensation for an alleged taking of the plaintiff’s rights in a rock quarry in the area of Vancouver, Washington. It was alleged that the plaintiff, under an assignment of lease, had the right to remove rock materials which were lying on the land, and that the defendant, by its highway construction activities, had made it impossible to remove the materials. The jury found in favor of the plaintiff’s contentions and returned a verdict in the amount of $80,000.

It is the contention of the defendant, on this appeal, that the trial court allowed the jury to…