Aubol v. City of Tacoma

Plaintiffs instituted this action in 1931 to recover for depreciation in value of their lands al leged to have resulted from the construction in 1926 of a dam and hydro-electric generating plant in Mason county by the city of Tacoma. The appeal is from the judgment of dismissal rendered upon plaintiffs’ refusal to plead over, after the defendant’s demurrer to the complaint was sustained.

The allegations of fact, admitted by the demurrer to be true, are summarized as follows and clearly show the complaint does not state facts sufficient to constitute a cause of action.

In 1926, the respondent…