Sargent v. City of Tacoma

The opinion of the court was delivered by

Stiles, J.

Appellant brought this action to recover damages for the change of a street grade in front of property whereon' he had erected a building. The trial having resulted in a non-suit, he appeals from a judgment entered thereon.

The cause of action arose while the city of Tacoma was operating under its special charter of 1886, which authorized the city government to establish the grades of streets, (haws 1885-6, p. 199, § 48, Subd. 12). Sec. 5 of the charter, in general terms, vested the power and authority given to the “ city government ” in a…