Wappenstein v. City of Aberdeen
Washington Supreme Court
Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered September 6, 1904, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for damages to property by the change of a street grade.
1Per curiam
This is an appeal from a judgment awarding the respondents damages caused their property by reason of a change in the grade of the street fronting thereon, made under the authority of the appellant city. The assignments of error raise but one question, namely, does the complaint state facts sufficient to constitute a cause, of action. It is said that the complaint fails to state a cause of action because it fails to allege that the property had been improved with reference to the established'grade. But if it be the rule that a municipality may make as many *190changes in the grade of a street as…
2Cited by2 opinions
- Kelly v. LumWashington Supreme Court · 1913
- Fick v. JonesWashington Supreme Court · 1936