Clifford v. State

Millard, J. —

This action was instituted to recover damages in the amount of twenty-five thousand dollars, alleged to have been sustained by plaintiffs as a result of the unlawful encroachment and casting of material upon their real property by defendant in its excavation for, and construction of, a building upon the state capitol grounds at Olympia. Defendant admitted encroachment upon plaintiffs’ real property, but denied damage to the property in any amount as a result of that invasion. The cause was tried to the court, which found that defendant in the prosecution of the construction of a…