Ferry-Leary Land Co. v. Holt & Jeffery

Citations

• 53 Wash. 584
• 102 P. 445
• 1909 Wash. LEXIS 1370

Syllabus

<p>Eminent Domain — Damases—Grade of Streets — Injunction— Defenses — Municipal Corporations. In an action to restrain a city from damaging property by sloping land outside the street to a grade established, after condemning plaintiff’s land within the street limits, the injunction will be denied where there was some evidence tending to show that in the condemnation suit damages for such sloping were allowed the plaintiff; notwithstanding Const, art 1, § 16, prohibiting the damaging of property without first making compensation, as injunction is not-a matter of right; and where such evidence is not clear, the plaintiff will he relegated to its action at law for damages for injury by making the slope, leaving the' city to plead anew the allowance therefor in the condemnation case.</p>