Farnandis v. City of Seattle

Citations

• 95 Wash. 587
• 164 P. 225
• 1917 Wash. LEXIS 853

Syllabus

<p>Judgment — Res Adjudicata — Matters Concluded. Judgment in an action against a city for the removal of lateral support by regrading streets, in which the plaintiff was limited to the recovery of damages suffered within the period of thirty days prior to the filing of the claim therefor up to the date of the trial, is not res adjudicata or a bar to a second action for damages to the same lot by reason of a second slide resulting from the same improvement occurring subsequent to the trial of the first action.</p> <p>Same — Res Adjudicata — Pleading and Issues — Presumptions. Upon a plea of res adjudicata, in an action limited to damages by the removal of lateral support already suffered, it must be assumed, in the absence of anything in the record to the contrary, that the former action was tried within the issues made therein, and that damages occurring subsequently to the trial were not adjudicated.</p> <p>Municipal Corporations — Claims—Notice—Sufficiency. A claim against a city for damages for the removal of lateral support by regrading streets is sufficient to admit of evidence of damages through interference with ingress and egress resulting from the acts set forth in the claim, where the city, on receipt of the notice, undertook to prevent further damage and was not in any manner misled and could not have taken different steps if the condition had been more specifically called to its attention.</p> <p>Pleading — Amendments at Trial — Discretion. Under a claim against a city for damages for the removal of lateral support from regrading streets, which alleges that the damage is a continuing one and will continue to increase, a trial amendment is properly allowed to cover damages from a slide occurring subsequent to the commencement of the action and only a short time before the trial, where no surprise was claimed or continuance asked.</p> <p>Appeal — Review — Harmless Error — Instructions. Prejudicial error cannot be predicated upon an isolated part of the ch