Kincaid v. City of Seattle

— This action was brought to recover damages done to the property of the plaintiff by reason of the grading of a certain street in the city of Seattle. Plaintiff was the owner of abutting property. In grading the street to its full width, the slope of the fill necessarily extended over onto plaintiff’s lots. The city had not obtained the right to do this by condemnation or otherwise. Thereafter plaintiff filed a claim for damages. No formal action, other than to place the claim on file, was taken by the city, and after a time plaintiff brought this action asking to have his damages assessed.…