Jorguson v. City of Seattle

Citations

• 80 Wash. 126
• 141 P. 334

Syllabus

<p>Municipal Corporations—Claims—Damages—Removal of Lateral Support—Necessity of Claims. Under Seattle city charter, art. 4, § 29, requiring all claims for damages against the city to be filed within thirty days, a claim for damages by the removal of lateral support is a prerequisite to the action, where the city had condemned the right to make the change in grade and to take land sufficient for a one-to-one slope, and paid the compensation, and the damages resulted from the inadequacies of the plan to protect the remaining property from sliding.</p> <p>Same—Claims for Continuing Damages. A claim for continuing damages to abutting property, by reason of a progressive slide caused by the city’s removal of lateral support, is within a charter provision requiring “all claims” for damages against the city to be filed within thirty days after such claim accrues; and Rem. & Bal. Code, §§ 7995 and 7997, making the filing of such claims in the manner required by the city charter a mandatory condition precedent to action, no recovery can be had for damages accruing more than thirty days prior to the.filing of the claim.</p> <p>Same—Continuing Damages—Future Damages — Instructions. A charter provision requiring a claim for all damages against a city to be filed within thirty days after the action accrues, does not operate as a statute of limitations as to continuing damages, and permits of the recovery of future damages, to the day of trial, hut the jury are properly instructed that there can be no recovery for damages accruing more than thirty days prior to the filing of the notice.</p>