Island Lime Co. v. City of Seattle

This action grows out of the same conditions and is the same in all essential details, save one, as the two former actions between the same parties which have been before this court, Island Lime Co. v. Seattle, 122 Wash. 632, 211 Pac. 285, and Island Lime Co. v. Seattle, 133 Wash. 270, 233 Pac. 273. The only differences between this and the former actions are that this action covers a later period of time and that the city, by way of an affirmative defense, pleaded the change of grade, the condemnation and the removal of lateral support, etc., etc., and

“That the only way in which a lateral…