Cunningham v. City of Seattle
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Albertson, J., entered June 23, 1904, upon findings in favor of the plaintiff after a trial on the merits before the court without a jury, in an action to recover for damages to plaintiff’s lawn,, caused by a horse kept by defendant in its fire department.
1Opinion
On Petition toe Reheabing.
Root, J.
— A petition for a rehearing was granted in this case. After reargument and a careful consideration of the question involved, the majority of the court have been unable to reach a conclusion different from that heretofore announced. Cunningham v. Seattle, 40 Wash. 59, 82 Pac. 143. An exhaustive examination of the authorities convinces us that there is no legal escape from that conclusion. It is sought to distinguish this case as being one of trespass and not controlled by the ordinary rule that municipalities are not holden for damages occasioned by its…
2Cases cited29 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
24 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kelso v. City of TacomaWashington Supreme Court · 1964
- Riddoch v. StateWashington Supreme Court · 1912
- Howard v. Tacoma School District No. 10Washington Supreme Court · 1915
- Hutton v. MartinWashington Supreme Court · 1953
- City of Hattiesburg v. GeigorMississippi Supreme Court · 1918
14 more not listed; retrieve them via the Exa API.