Legal Opinion

Fletcher v. City of Seattle

Washington Supreme Court

Decided September 11, 1906No. 6085PublishedCited by 16 opinions

Appeal from a judgment of the superior court for King county, T'allman, J., entered September 29, 1905, in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action for damages1, for the original grading of a street.

1Opinion of the CourtDunbar, J.

Without making a specific statement of this case, the contention of the appellant is that a city is not-liable for damages for the original grading of a street, where such grade is a reasonable one and the work is properly done. The court below, in an action for damages, under such a state of facts-, decided that the- city was liable, judgment was entered for the claimants, and. this appeal is taken from such judgment.

This question has never been squarely presented to this court, although the appellant relies somewhat on the case of Brown v. Seattle, 5 Wash. 35, 31 Pac. 313, 32 Pac. 214, 18…

2Cases cited2 opinions

  1. Brown v. City of SeattleWashington Supreme Court · 1892
  2. Seal v. Puget Sound Loan & Investment Co.Washington Supreme Court · 1892

3Cited by16 opinions

  1. Wood v. City of TacomaWashington Supreme Court · 1911
  2. Ettor v. City of TacomaWashington Supreme Court · 1910
  3. Casassa v. City of SeattleWashington Supreme Court · 1913
  4. City of Mangum v. ToddSupreme Court of Oklahoma · 1914
  5. O'Connell v. City of SeattleWashington Supreme Court · 1911

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