Klepsch v. Donald

The opinion of the court was delivered by

Stiles, J.

— This is a second appeal in this case, the decision on the former appeal being found in 1 Wash. 136 (30 Pac. 991). The facts proven did not differ materially from those presented at the first trial, excepting that upon the matter of ascertaining the damage suffered, the showing was in accordance with the rule laid down by this court, *164the defendants were allowed to show the methods they employed in conducting their blasting operations, and they offered proof tending to show that the deceased Klepsch was a trespasser upon lands put into their…