Mills v. Seattle & Montana Railway Co.

The opinion of the court was delivered by

Stiles, J.

This was an action for damages, brought by the respondent upon substantially the same state of facts,, and upon the terms of a similar deed, as were presented in Moorman v. Seattle & Montana Ry. Co., 8 Wash. 98 (35 Pac. 596).

But in this case the damages proved and recovered related wholly to the increased value of her land, which respondent alleges she would have realized had the ditch been constructed as provided for in the deed, and to the loss suffered by her in consequence of the failure of the appellant to-so construct and maintain the…