Quirk v. City of Seattle

Citations

• 38 Wash. 25
• 80 P. 207
• 1905 Wash. LEXIS 1110

Syllabus

<p>Municipal Corporations—Streets—Local Improvements—Assessment for Benefits Against Land Not Taken—Eminent Domain—Statutes—Construction. In a proceeding by a city of tbe first class to condemn land for street purposes, under Laws 1893, p. 189, where the jury assesses damages as compensation for the land taken, and further finds that the remainder of the land was not damaged by reason of the taking, the part not taken may be assessed for benefits accruing by reason of the improvement; since the provision of § 15, that lots which shall be-found to be damaged cannot be assessed, relates to entire tracts no part of which is taken, or to remaining tracts actually damaged by the taking.</p> <p>Same—Assessment of Damages—Verdict—Construction— Submission of Question of Benefits—Presumption—Assessment by Commission. Where, in a proceeding by a city of the first class to condemn land for street purposes, the jury returns a verdict in a specified sum as compensation for the land taken, and for damages to the remainder of the land “by reason of the taking ... at the sum of no dollars,” and no finding was made as to the question of damages and benefits to the remainder by reason of the improvement, it cannot be presumed, in the absence of the instructions or a specific showing in the record, that such question was submitted to the jury, especially in view of the action of the court in appointing a commission to assess such benefits.</p>