Wolverton v. City of Seattle

Citations

• 59 Wash. 485
• 110 P. 29
• 1910 Wash. LEXIS 1229

Syllabus

<p>Municipal Corporations — Improvements — Eminent Domain Commissioners. The board of eminent domain commissioners created by Rem. & Bal. Code, § 7788, are city officials, and not within Const., art. 11, § 5, requiring all county, township, precinct, or district officers to be elected.</p> <p>Same — Eminent Domain — Assessment oe Lands Not Taken— Verdict. Where a jury in condemnation proceedings for land taken for an improvement found generally that lands not taken were not damaged, the same may be assessed for benefits; and it cannot be shown that the jury merely found that the lands were not damaged in excess of benefits, by oral evidence to the effect that at the trial before the jury it was stipulated that the only issue was whether the lands were damaged in excess of the benefits and that witnesses for the city admitted damage and the jury were instructed that the damage must exceed the benefits; since such evidence and the general verdict, in the absence of special finding, does not necessarily imply that the jury found any actual damage.</p>