Rainier Heat & Power Co. v. City of Seattle

Citations

• 113 Wash. 95
• 193 P. 233
• 1920 Wash. LEXIS 810

Syllabus

<p>Municipal Corporations (474, 479) —Torts — Defects in Water Mains — Actions for Injuries — Estoppel. An owner of property is not estopped from recovering damages from flooding through, a break in a city water main by the fact that it petitioned for the improvement for a change of grade and fill, which thereafter caused the break, where the petition did not in the least impair the owner’s full enjoyment of his property, whether filled or not, nor contain any agreement other than the city’s contract to make the improvement at the contract price.</p> <p>Evidence (142) — Parol Evidence to Explain Judgment. Where the proceedings and judgment in eminent domain proceedings are unambiguous, parol evidence is not admissible-to explain what was litigated and determined.</p> <p>Municipal Corporations (479) — Torts—Defects in Water Mains —Action for Injuries — Contributory Negligence. In an action for damages from flooding through a leak in a city water main, the plaintiff is not guilty of contributory negligence from the fact that it maintained a power plant thirty feet below the new street grade.</p> <p>Same (479). In such a case, the owner’s contributory negligence in failing to provide sufficient drains to drain a power plant maintained thirty feet below the new street grade may be a question for the jury, if, by so doing, the damages would have been prevented or lessened.</p> <p>Same (479). In such a case, the owner-was not guilty of contributory negligence in maintaining a tunnel at the low level by permit from the city, without doors or gates, where no duty to maintain gates was shown.</p> <p>Negligence (44)- — -Trial—Instructions — Contributory Negligence. In an action for damages from flooding through the break of a city water main, it is error to instruct that the plaintiff could not recover if guilty of any act of negligence which “contributed in any manner,” to the damages, since slight negligence not the proximate cause would not defeat recovery.</p> <p>Municipa