Taft v. Rutherford

Citations

• 66 Wash. 256
• 119 P. 740
• 1911 Wash. LEXIS 1054

Syllabus

<p>Boundaries — Liability of Surveyor — Erroneous Survey — Negligence. Where a surveyor was employed to establish the lines of' a lot for the purpose of erecting thereon an apartment house, and such a house, not an expensive one of its kind, was erected in reliance on the survey, the surveyor is liable in damages for the cost of removal of the building where, through negligence and error in the survey, the house was placed five feet in the street, and the owner was compelled to move it.</p> <p>Same — Negligent Survey — Defenses. Where a surveyor was employed to make an accurate survey of a lot for the purpose of erecting thereon an apartment house, he cannot escape liability for negligence by showing that the survey was not guaranteed and that it was customary to give a certificate of accuracy upon the payment of a larger fee than he was paid.</p> <p>Same — Evidence—Proof of Negligent Survey — Sufficiency. In an action against a surveyor for damages from an erroneous survey of-a lot, negligence is shown by evidence that the survey was wrong and that the parking strip was overlooked or the figures on the chain misread.</p>