State ex rel. Stalding v. City of Aberdeen
Citations
- 58 Wash. 562
- 109 P. 379
- 1910 Wash. LEXIS 968
Syllabus
<p>Municipal Cobpobations—Impbovements—Police Power—Eminent Domain—Filling Low Lands—Damages—Compensation. The act of 1909, empowering cities, in the exercise of the police power, to fill low lands, is not invalid or inconsistent in that it provides for compensation to the owners of buildings or improvements under the right of eminent domain; since the right of eminent domain and the police power rest in the control of the legislature and may be employed singly or together, and interested parties cannot object because compensated in any degree.</p> <p>Same—Assessments—Damages. In proceedings by a city to fill low lands, the damages and expenses paid by the city in condemnation suits may be added to the costs of the improvement and assessed against the property in the district.</p> <p>Fullerton, J., dissents.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that MPLA applied only to claims against manufacturers and sellers and did not apply to claims against nonmanufacturing product designer
- distinguishing lowers by stating that manufacturers and nonmanufacturers must be treated differently
- “We hold that the MPLA does not preclude common-law negligence claims against nonmanufac-turing designers who do not fall under the purview of the statute.”
- The Court “cannot . . . add to the plain meaning of the statute or presume that the legislature failed to state something other than what was plainly stated.”
- “This Court ‘cannot . . . add to the plain meaning of the statute or presume that the legislature failed to state something other than what was plainly stated.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chadwick, Fullerton, Gose, Morris, Rudkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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