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action affirmed agreed alleged amount answer appeal application assessment authority bank cause Cent charge claim Code complaint considered construction contended contract corporation damages deed defendant denied determine direct district ditch duty effect entered entitled error evidence execution fact failed filed finding follows further give given granted ground held injury instruction intention interest issue Judge judgment jury justice land matter ment mortgage motion necessary Note.-For notice objection opinion owner paid parties payment person plaintiff possession present prior proceedings proper purchase question railroad reason received record reference refused respondent road rule statement statute sufficient suit Superior Court Supreme Court sustained taken testified testimony thereof tion trial Wash witness