Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-03-19

unnecessarily trespass against the
person or the personal property of
such person by unnecessarily DESTROY
ing it would be no justification to
the sheriff In suit for damages
based upon his illegal acts and he
would become trespasser as fully
and effectually as if he had COM
mitted the act independently of any
writ.
instruct you further that as
matter of law the judgment of this
court, In the matter above referred
to. was sufficient only to authorize
the defendants to go in and upoa
the plaintiffs premises and in a rea-
sonably prudent manner reduce the
building or raize the building to the
ground; that such judgment did not
give to the defendants any right
whatsoever to take possession of
plaintiffs stock Of goods, much less
did it authorize them to eject plain
tiffs from the possession of their
stock of goods, and if you believe
from the evidence in the case that
the defendants in taking possession
of plaintiffs building took possession
of plaintiffs goods and elected them
from
then l instruct you as matter of
law such action would be in viola
ton of plaintiffs rights, and the de-
PENDANTS would become trespassers
from the beginning and would be
responsible to the plaintiff in dam
ages as | herein instruct you.
instruct you further that as
shown by the records of this court
the defendants in this action had no
right to enter upon plaintiffs build
ing and disturb them in any manner
or from whatsoever in the peaceful
and quiet enjoyment thereof from
the 7th day of August, 1905, to the
9th day of October, 1905; that after
the 9th day of October, 1905, it was
the duty of the city of Aberdeen,
through it's officers, to give to the
plaintiffs in this action reasonable
notice of the time of their intention
to reduce plaintiffs building: that
in your consideration as to what
would be reasonable notice and time
so required you are the sole judges,
and in your consideration as to what
would be reasonable notice and time
you should take into consideration
all the facts and circumstances de-
veloped at the trial as connected
with plaintiffs business; you should
take into consideration the business
in which they were engaged, the op-
portunities, if any, for procuring
other places for the conduct of their
business; the condition of the wealth
er, and the character of the goods
to be removed, and if you believe
from the evidence in the case that
the defendants in this action did not
give to the plaintiffs such reasonable
notice of intention and time. and
without just reason or excuse there
for forced plaintiffs in this action
out of the possession of the build
ing, and in rude and insolent man.
ner elected the plaintiffs from their
premises while they were engaged
IN endeavorlng to remove the stock
of goods, or if the defendants forced
the plaintiffs to remove the stock
OF goods in an unreasonable, i'm
prudent and dsorderly manner or
in manner calculated unnecessarily
to injure or destroy their property.
then l instruct you as a matter of
law such acts, or either or any of
them, would be in violation of the
Plaintiffs rights and the defendants
would be liable to the plaintiffs in
damages therefor.
The court instruct you as a mat
ter of law the ordinance of the city
OF Aberdeen which did not go in
to effect until after the building was
completed could have no retroactive
effect, and therefore would be no
justification for the destruction of
the building or damage to the stock