Moorman v. Seattle & Montana Railway Co.

The opinion of the court was delivered by

Stiles, J.

— Respondents sued to recover §1,000 damages for the failure of the appellant to dig a certain ditch, other *99damages claimed in the complaint being abandoned at the trial. This measure of damage was sought to be deduced, and was sustained by the court below upon the theory that the appellant had in some way made itself liable for the default of certain third parties in failing to pay respondents the sum mentioned as a consideration for their conveyance to appellant of a right-of-way for its railroad. The allegations of the complaint were very…