Smith v. City of Seattle

The opinion of the court was delivered by

Gordon, C. J.

This action was to recover damages for the removal of the lateral support of plaintiffs land. The jury returned a verdict in her favor for $150. Being dis*614satisfied with the amount of the recovery, plaintiff moved for a new trial, which motion was overruled, and she has appealed.

Respondent urges as a preliminary consideration, that the complaint does not state a cause of action, hut we think it cannot he permitted to urge the point. This cause was here on a former appeal by the plaintiff from an order of the lower court which sustained a…