City of Seattle v. Gatton

Citations

• 76 Wash. 401
• 136 P. 488
• 1913 Wash. LEXIS 1829

Syllabus

<p>Municipal Cobpobations — Impeovements — Assessments — Benefits — Appobtionment — Review — Evidence — Sufficiency. In condemnation proceedings to widen streets, by taking strips of land thirty feet wide off each side of a tract of unplatted land, for which the jury had awarded damages, an assessment of the tract at three times the amount assessed like property directly across the streets, will be set aside on appeal, as made upon a fundamentally wrong basis, where it appears that the commissioners charged back upon the tract the amount of the damages awarded by the jury, adding it to the amount of benefits on the theory that the land on the opposite side of the street had been platted and a street thirty feet wide dedicated, and was therefore not benefited to the same extent as the unplatted tract which had not given any part of the streets (Main, Mobbis, and Mount, JJ., dissenting).</p>