Scurry v. City of Seattle

The opinion of the court was delivered by

Dunbar, C. J.

— This is an action brought by appellant against the city of Seattle for damages alleged to have been sustained by reason of grading a certain street. The action was tried in the superior court, and judgment rendered for the city, from which judgment an appeal is taken to this court.

There are several questions involved in this case which are ably presented by counsel both for appellant and re*279spondent, but the view which we take of the third proposition discussed renders unnecessary an investigation of the others. Sec. 33 of art. 1 of the…