Hinckley v. City of Seattle

Citations

• 74 Wash. 101
• 132 P. 855
• 1913 Wash. LEXIS 2005

Syllabus

<p>Eminent Domain — Damages—Award — Judgment — ConclusivbnesS; — Res Judicata. A condemnation award for damages to an abutting lot from a fill raising the grade of a street is not res judicata or a bar to a subsequent action to recover damages wben the fill in tbe street slid down upon tbe lot on account of defects in tbe engineering plans and tbe failure of tbe city to condemn sufficient land to sustain tbe fill, where tbe subsequent damage was not foreseen by tbe engineers planning tbe improvement, and rested in speculation or conjecture until it occurred.</p> <p>Municipal Corporations — -Improvements — Damages — Contributory Negligence. It is not contributory negligence for tbe owner of a lot, injured by a slide by reason of tbe public improvement of a street, to excavate tbe lot to a street grade, wbicb was reasonably necessary for tbe use of tbe lot.</p>