Powelson v. City of Seattle

Citations

• 87 Wash. 617
• 152 P. 329
• 1915 Wash. LEXIS 950

Syllabus

<p>Trial—Power to Correct Errors—Findings—New Trial. The trial court may, at any time prior to judgment, correct its error in denying a new trial, and set aside its former dismissal and erroneous findings previously made.</p> <p>Municipal Corporations — Claims — Address oe Claimant. A claim against a city by two persons doing business as the S. Construction Co., giving the residence address of each partner and the location of the partnership business where the damage occurred, is a claim by the partnership, and complies with the statute and charter requirements as to the address of the claimant.</p> <p>Partnership—Business Name—Actions. The filing of a certificate of an assumed name is merely a condition precedent to action, and is not necessary to give legal existence to a partnership.</p> <p>Partnership—Sale oe Interest^-Evidence—Sufficiency. In the absence of a demand for documentary evidence, the testimony of one of two partners that he had bought out the other partner is sufficient to show that he had succeeded to all the interests of the partnership.</p> <p>Municipal Corporations — Street Improvements — Obstructing Natural Water Course—Duty of City. Where a street is improved across a natural water course, it is incumbent upon the city to make and maintain an adequate passage for the water; rendering it liable for damages where, through inadequacy of a drain put in, water flooded a basement and injured tools, materials and stock.</p> <p>Waters and Water Courses—Evidence—Sufficiency. The evidence sufficiently establishes that there was a natural water course in a ravine leading to a lake, where a witness testified that there was a natural waterway along the slope, and another, that there has been a natural drain and always water there as long as he could remember.</p> <p>Interest—Unliquidated Claim. Interest upon a claim for unliquidated damages from the negligence of a city in maintaining a drain is allowable only from the rendition of the judgment, and not fr