Swope v. City of Seattle

Citations

• 36 Wash. 113
• 78 P. 607
• 1904 Wash. LEXIS 525

Syllabus

<p>Eminent Domain — Injunction Against City Improvement Until Damages Are Paid — Damages—Assessment by Jury Without Regular Condemnation Proceedings. Where an action, is brought by an abutting property owner to enjoin a city from further damaging the plantiffs’ property in improving a street, until compensation shall first be paid therefor, and a jury is called at plaintiffs’ request for the purpose of assessing damages, it is-not error to submit to the jury, over plaintiff’s objection, the question of what future damages the plaintiffs will suffer by the city’s completion of the improvement, where no prejudice appears from the mere fact that the damages were not ascertained hy a jury impaneled in a regular condemnation proceeding.</p> <p>Jurors — Challenge. In an action against a city, a challenge to a juror for implied bias solely because he had performed clerical work for the city is properly denied.</p> <p>Evidence — Experts—Limiting Number. It is within the discretion of the court to limit the number of expert witnesses called to testify to the value of land.</p> <p>Eminent Domain — Evidence—Damages. In an action to ascertain the damages to abutting owners by a change.of grade, it is proper to exclude mortality tables showing the expectancy of plaintiffs’ lives, and, also, evidence as to the effect upon their health that might result from climbing the flight of steps made necessary by the improvement.</p> <p>Same — Statements by Contractor — Hearsay. In such an action it is proper to exclude the statements of the contractor as to plaintiffs’ damages, since that would be hearsay as against the city.</p> <p>Same — Damages—Value oe Soil. Where an abutting lot is sloped off to meet a change of grade in the street, the soil which is removed is not land taken, and the actual value thereof is not to be added to the damages to the land not taken.</p> <p>Appeal — Trial—Reading Law to Jury — Instructions. Error can not be predicated upon the refusal of the trial court to