Papac v. City of Montesano

The plaintiff recovered judgment in the trial court in the amount of three thousand dollars, the court having found that the defendant city had taken her property for public use and was maintaining a nuisance thereon, causing damage to her house. The city has appealed, assigning error to all of the material findings and conclusions.

The testimony showed that the home now owned by the plaintiff was built in the year 1911 over a gully or ravine, which is the east branch of Sylvia creek and is a natural drainage for certain portions of the city of Montesano. In the year 1913, the city of…