Jacobs v. City of Seattle

Citations

• 100 Wash. 524

Syllabus

<p>Limitation oe Actions—Damaging Property eor Public • Use— Action eor Compensation—Implied Contract. An action to recover compensation for damages resulting from the operation of an incinerator by a city, in the exercise of its power of eminent domain, is an action on an implied contract or liability, within Rem. Code, § 159, subd. 3, limiting the same to three years from the time when the right of action accrued.</p> <p>Same—Action eor Compensation—Accrual. The court cannot determine as a matter of judicial knowledge, that the mere construction of a city incinerator would damage plaintiff’s property, where the evidence conclusively shows that consequential damqge from its operation did not result until some later time; hence the time when right of action therefor accrued was properly left to the jury.</p> <p>Costs—On Appeal—Two Trials—Prevailing Party. Respondents, on being completely successful after a decision on a second appeal sustaining their right of action, are entitled to their costs on the first trial on which the action was erroneously dismissed, although that trial proved abortive.</p>