Allbin v. City of Seattle
Washington Supreme Court
Cross-appeals from a judgment of the superior court for King county, Smith, J., entered July 17, 1916, upon granting a nonsuit, dismissing an action for damages through the removal of lateral support.
1Opinion of the CourtMorris, J.
This case, upon its merits, presents a like question to that just decided in Lochore v. Seattle, ante p. 265, 167 Pac. 918, that a city is liable for injury to prop*276erty from negligence in the original grading of streets. The only difference between the two cases lies in thé situation of the property. In the Lochore case, the property was located one block from the graded street. In this case, the property abuts upon the street, a difference which, under the reasoning of the Lochore case, is immaterial. Upon the merits, the judgment must be reversed.
Two questions of procedure are presented…
2Cases cited1 opinion
- Lochore v. City of SeattleWashington Supreme Court · 1917
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