Compton v. City of Seattle

Citations

• 38 Wash. 514
• 80 P. 757
• 1905 Wash. LEXIS 1201

Syllabus

<p>.Eminent Domain—Municipal Corporations—Improvements— Change of Grade—Property Damaged—Taking. Tbe mere construction of slopes upon abutting property, upon lowering tbe grade of a street, is not a “taking,” but is a “damaging” only, within tbe meaning of Const, art. 1, § 16.</p> <p>Same—Judgment of Condemnation—Questions Concluded— Res Judicata—Appeal Pending. A judgment of condemnation, assessing tbe damages to abutting property on account of a change of the street grade, may he pleaded as a defense to an action to enjoin the city from proceeding with the improvement on account of alleged error in the condemnation proceeding, and is. conclusive as to the amount of the damage, the propriety of the instructions given and all questions that were, or could have been, adjudicated in the former action, regardless of whether or not an appeal was properly taken therefrom; since, if the appeal was properly taken, the answer is equivalent to a plea in abatement on the ground of another action pending, and if the appeal was not taken, the judgment is res judicata.</p>