Parke v. City of Seattle

(dissenting).—It is possible that the complaint to which the court below sustained the demurrer could be held good upon the ground that it sufficiently charged that the city, in prosecuting the work of grading the street, did so negligently and carelessly, and that for that reason it was liable to the plaintiff. But the majority of the court does not seem to have given any force to this particular language in the complaint, and have in their discussion treated it as having simply charged that the city had, in grading the street, removed the lateral support from plaintiff’s lots to such an…