Watson v. Town of Kent

Citations

• 35 Wash. 21
• 76 P. 297
• 1904 Wash. LEXIS 409

Syllabus

<p>Pleading — Demurrer—Waiver by Withdrawing — Objection to Any Evidence. The objection that the complaint does not state a cause of action, first raised by demurrer, is waived by the withdrawal of the demurrer and answering on the merits, and cannot be subsequently raised by an objection to any evidence.</p> <p>Municipal Corporations — Nuisance—Liability oe Town eor Maintenance oe Pesthouse — Ratification of Acts oe Oeeicers. In an action for damages for the establishment and maintenance of a nuisance on plaintiffs’ premises, by converting one of their dwellings into a pest house for smallpox patients, a motion for a nonsuit, on the theory that the town was not responsible for the acts of its officers, is properly overruled, where there was sufficient evidence to warrant a finding that the health officer acted with the knowledge and authority of the town council and that his acts were ratified by the town.</p> <p>Municipal Corporations — 'Actions — Presenting Claim fob Damages — When not Necessary. In an action for damages for the wrongful act of a town through its qualified agents in establishing a nuisance on plaintiffs’ premises, the presentation of a claim is not necessary before bringing suit against the town.</p>