est may be granted in the discretion of the jury.” Under this section, the following charge held te be prejudicial error; “If you find from the evidence that the plaintiff's property was destroyed by or through negligence of the defendant, then you must assess the damages of the plaintiff in such a sum as he has proven to you he has sustained, with interest at seven per cent. per annum from the date of loss to plaintiff.” The instruction directly violates the statute, in this: The discretion vested by the statute in the jury to either grant or withold interest is taken away from the jury, and exercised by the trial court. For this error a new trial will be granted, unless plaintiff consents to a modification of the judgment by deducting interest upon the value of the property destroyed; such value not being contradicted by testimony. Johnson v. N. P. R. R. Co., 354.
(See Railroad Companies.)
(Evidence to negative contributory negligence. See Appeal.)
(Contributory, need not be negatived in complaint. See Pleading.)
(In use of right of way. See Railroad Companies.)
NEGOTIABLE INSTRUMENTS.
(School warrants are not. See Schools and School Districts.)
NEW TRIAL.
Motion For.
Errors not properly objected to will not be considered on motion for. Territory v. O'Hare, 30.
NOTICE.
(See Mortgages.)
(Of intention to move for new trial. See Appeal.)
(Of contents of instrument by possession of copy. See Insurance.)
NUISANCE.
(See Intoxicating Liquors.)
OFFICE AND OFFICER.
(See Titles of Various Offices.)
(Officer of school township cannot estop the township by his representations. See Estoppel.)
(Vacancy in office. See District Assessor.)
(Legislative office. See Constitutional Law.)
OMNIBUS BILL.
(See Removal of Causes.)
ORDER.
(Effect of order overruling demurrer with leave to amend. See Judgment.)
(Appealable order. See Appeal.)
ORDINANCE.
(See Municipal Corporation.)
