Welch v. Seattle & Montana Railroad

Citations

• 56 Wash. 97
• 105 P. 166
• 1909 Wash. LEXIS 855

Syllabus

<p>Trespass — Ax Common Law — Limitations. Whether an action is for a trespass upon real property, within the statute of limitations, depends upon what was deemed trespass at common law.</p> <p>Limitation oe Actions — Trespass to Real Property — What Constitutes. An action by tenants of a building for damages resulting from tunneling under the property is not an action of trespass, within the three-year statute of limitations, Bal. Code, § 4800, where the damages were largely consequential for injury to business and loss of profits, and by reason of cutting off access; and must be commenced within two years within the provisions of Bal. Code, § 4805, for actions not otherwise provided for.</p>