Buyken v. Lewis Construction Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Honorable John S. Jurey, judge pro tempore, entered July 23, 1908, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for trespass.
1Opinion of the CourtRudkin, C. J.
— This was an action in trespass to recover damages for sluicing down and removing earth from a certain lot in the city of Seattle owned by the plaintiffs. The defendant admitted the commission of the acts complained of, though not in manner and form as alleged, and pleaded by way of justification that the sluicing was done pursuant to a verbal contract between the plaintiffs and the defendant, which was afterward reduced to writing and signed by the defendant, though not by the plaintiffs. The reply denied the plea of justification as set forth in the answer. The cause was submitted to a…
2Cases cited3 opinions
- Bernhard v. ReevesWashington Supreme Court · 1893
- Comegys v. American Lumber Co.Washington Supreme Court · 1894
- Kirby v. Rainier-Grand Hotel Co.Washington Supreme Court · 1902
3Cited by1 opinion
- Buyken v. Lewis Construction Co.Washington Supreme Court · 1910