Legal Opinion

Nelson v. City of Spokane

Washington Supreme Court

Decided November 20, 1918No. 14640PublishedCited by 16 opinions

Appeal from a judgment of the superior court for Spokane county, Webster, J., entered August 6, 1917, upon the verdict of a jury rendered in favor of the plaintiffs, in an action in tort.

1Opinion of the CourtMain, C. J.

The city of Spokane, being the owner of a public park which was not operated for profit, erected a dam within the park across a running stream of water. This dam was negligently constructed by the board of park commissioners in such a manner that it obstructs the stream to the damage of respondents’ property, which is situated about one-half mile up the stream from the park. The appellant city claims that no liability exists against it for the reason that, in the construction of the dam, it was acting in a governmental capacity.

This court has held that the liability of a city for acts such as…

2Cases cited9 opinions

  1. Russell v. City of TacomaWashington Supreme Court · 1894
  2. Jorguson v. City of SeattleWashington Supreme Court · 1914
  3. Lynch v. City of North YakimaWashington Supreme Court · 1905
  4. Ronkosky v. City of TacomaWashington Supreme Court · 1912
  5. Lawson v. City of SeattleWashington Supreme Court · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Gebhardt v. Village of Lagrange ParkIllinois Supreme Court · 1933
  2. Kellar v. City of Los AngelesCalifornia Supreme Court · 1919
  3. Hagerman v. City of SeattleWashington Supreme Court · 1937
  4. Kilbourn v. City of SeattleWashington Supreme Court · 1953
  5. Alder v. Salt Lake CityUtah Supreme Court · 1924

11 more not listed; retrieve them via the Exa API.

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