Fletcher v. City of Seattle

Citations

• 43 Wash. 627
• 86 P. 1046
• 1906 Wash. LEXIS 759

Syllabus

<p>Municipal Corporations — Streets—Original Establishment of Grade — Damages to Abutting Owner. An abutting property owner cannot claim that he has been damaged by the original establishment of a grade, where the grade is a reasonable one and the work has been properly done; since the dedicator or his grantee must be held to have consented to the right of the city to graduate and improve its streets (overruled).</p> <p>On Rehearing.2</p> <p>Same. In view of Bal. Code, § 745, providing that damages arising to abutting property from the original grading of a street may be ascertained and assessed against the property, the dedicator of on addition will not be held to have consented to a reasonable original establishment of a grade, but the city is liable to an abutting owner for damages to his property caused thereby.</p> <p>Same — Statutes—Titxe oe Act. The title of the act, Laws 1893, p. 189, relating to the right of eminent domain is sufficient to cover sections of the act relating to the opening of streets by cities and the payment of a compensation by reason of the damaging of property by such opening and establishment of grades.</p>