Schade Brewing Co. v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 79 Wash. 651

Syllabus

<p>Compromise and Settlement — Contract — Construction — Damages Included — Speculative Damages. A settlement agreement, whereby the owner of a building upon property abutting on a street gave to a railroad company the same right to excavate and construct its subway in the street as if the company had obtained a 'decree of appropriation and an award assessing the damages or compensation, does not cover damages which might occur to the buildings in the course of the construction for any cause, even if the agreement had not expressly provided that it was not the purpose of the parties that the compensation paid should be deemed as compensation for any damages which may be caused to the buildings; since such damages would be too speculative to have been contemplated in the settlement.</p> <p>Election op Remedies — Inconsistency—Injuries From Blasting. In an action for damages to buildings by reason of blasting in the street, the plaintiff cannot be required to elect between damages through the inherent dangers of the operation, regardless of defendant’s negligence, and damages caused by such negligence; as they are not inconsistent.</p> <p>Appeal — Review—Harmless Error. Error in failing to require an election between two claims of negligence is harmless where one of the claims had no bearing on the case.</p> <p>Explosives — Blasting in City Street — Liability—Negligence. A railroad- company engaged in heavy blasting, in excavating solid rock in a street, is liable for damages thereby caused to buildings on abutting property within a few hundred feet of the blasts, regardless of the question of its negligence in carrying on the work.</p> <p>Trial — Special Verdict — Validity. A special finding that work of very heavy blasting with dynamite in solid rock' in a street, and within a few hundred feet of buildings on abutting property, is not inherently dangerous, is contrary to law.</p> <p>Trial — Special Verdict — Construction. A special finding that blasting in a street