Casassa v. City of Seattle

Citations

• 66 Wash. 146
• 119 P. 13
• 1911 Wash. LEXIS 1029

Syllabus

<p>Eminent Domain — Judgment—Conclusiveness. The judgment In condemnation proceedings concludes the parties and their privies as to all matters which were put in issue.</p> <p>Eminent Domain — Damages—Regrade oe Stbeet — Slope on Lots —Award — Res Judicata — Matters Concluded. In condemnation proceedings to regrade a street by making a deep cut and a slope of forty-five degrees on abutting property to meet the cut, an award of damages to the property covers only the damage to the lots arising from the cut in the street and the specified slope on the lots, and not damages for the removal of lateral support resulting from the fact that the nature of the soil was such that a slope of forty-five degrees was not sufficient to support the balance of the lot and prevent the remaining soil from falling into the street; and it is immaterial that the ordinance and petition required the condemnation of all lands and rights necessary to be taken, used, or damaged; since the city determined what slope was necessary and sufficient for lateral support, and that question will not be litigated in the condemnation proceedings.</p> <p>Municipal Corporations — Improvements — Damages — Liability of Contractor. Where, under the authority of condemnation proceedings, a city made a regrade of a street and a slope of forty-five degrees on abutting lots, but the nature of the soil was such that the slope was not sufficient for lateral support, and the balance of the lots were damaged by slides,'the city,' and not the contractor doing the work, is liable for the damage, where the slides would have occurred whether the work had been carefully done or not.</p>