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· 2/17/1911

O'Connell v. City of Seattle

Citations

  • 62 Wash. 218
  • 113 P. 762
  • 1911 Wash. LEXIS 679

Syllabus

<p>Eminent Domain — Improvements—Damages—Change of Grade —Persons Injured. Injury inflicted upon property in the neighborhood of a street by a regrade and diverting of travel is damnum absque injuria, where the property does not abut on the regraded street, and is not within Const., art. 1, § 16, prohibiting the damaging of-property without just compensation; since the injury differs not in kind but only in degree from that suffered by the public generally.</p> <p>Courts — Stare Decisis — Constitution—Construction. The rule of stare decisis is peculiarly applicable to constructions of the constitution, which should not be changed except for the most cogent reasons.</p>

Judges: Gose

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