The Pacific Reporter Volume 139

The Pacific Reporter Volume 139

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...damages on account of slides. This fact does not clearly appear from the opinion; but the record in that case clearly shows that no question of that kind was litigated. In this case the record is clear to the effect that in the condemnation case the appellants in this case sought to enhance their damages by showing that the property would slide, as it did slide; that, in order to protect the building which was upon the property, it would be necessary to construct a concrete retaining wall at a cost of more than $40,000; and upon this evidence the jury must have based their finding. At any rate, it is perfectly clear in this case that the question of damages on that account was litigated in the condemnation case. In the Casassa Case we said: "This court has many times held that parties and their privies are concluded as to all matters which were put in issue in the condemnation proceedings. Compton v. Seattle, 38 Wash. 514, 80 Pac. 757, and cases there cited. In Parke v. Seattle, 5 Wash. 1, 31 Pac. 310. 32 Pac. 82, 20 L. R. A. 68, 34 Am. St. Pep. 839, this court held the city liable for damages caused In grading the street, whereby the abuttli.g land was deprived oflaieral support. It Is apparent, from the rules laid down In these cases, that the city was liable for damages caused by the removal of the lateral support to the land abutting upon this deep cut. It is also apparent that, if the city condemned the right to make a cut 58 feet deep in front of this property, the judgment in the condemnation proceeding was conclusive of all damages which were r r could have been litigated therein; and, if the city without negligence proceeded to make the cut, no further liability would be incurred, although greater damages might result than...
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Product details

  • Paperback | 1142 pages
  • 189 x 246 x 57mm | 1,991g
  • United States
  • English
  • black & white illustrations
  • 1236925580
  • 9781236925589