Dose v. City of Seattle

Citations

• 78 Wash. 571
• 139 P. 594
• 1914 Wash. LEXIS 1064

Syllabus

<p>Judgment — Res Judicata — Matters Concluded. An award in condemnation proceedings for damages from a change of grade and the making of a one to one slope upon abutting property, is res judicata and a bar to a subsequent action for damages on account of slides after the work was done and the slope made, where it appears that, in the condemnation case, the owners sought to enhance their damages by showing that the property would slide, and that, in order to protect a building, a retaining wall costing more than forty thousand dollars would be necessary, which issue was tried out in the condemnation case and the jury instructed to consider such expense of preventing slides in determining the value of the property before and after the regrade; and it is immaterial whether that issue was rightfully or wrongfully submitted in the condemnation case.</p> <p>Municipal Corporations — Claims—Condition Precedent. Where the claim filed with the city for damages by reason of slides following a change of grade made no mention of loss of rental value of buildings, damages therefor cannot be recovered.</p>