Johanson v. City of Seattle

Citations

• 80 Wash. 527
• 141 P. 1032
• 1914 Wash. LEXIS 1333

Syllabus

<p>Eminent Domain—Action for Damages—Removal of Lateral Support—Trial—Instructions. In an action against a city for damages in grading a'street, by reason of undermining the support and foundation of plaintiff’s lot and the explosion of dynamite in such a manner as to hurst plaintiff’s water pipes and loosen the earth under his house and the lateral support of the ground upon which the house was located, thereby causing the earth in front of the house to slide, the theory of the case is based upon the physical injury or direct invasion of property rights, under the constitutional inhibition against damaging private property for public use without just compensation, and not upon the negligent acts of the defendant, and hence instructions basing right of recovery upon the negligence of defendant were erroneous.</p> <p>Pleading—Admissions—Necessity of Proof. Where the complaint in an action for damages against a city alleges that the necessary claim therefor was filed with the city, and was not denied by defendant, proof of such filing is unnecessary upon the trial.</p>