73 Wash. 565 | Wash. | 1913
On April 3, 1911, the city of Bremerton, by ordinance, provided for the condemnation and appropriation of a strip of land 70 feet in width and 350 feet in length, extending from the foot of Front street therein to the line of extreme low tide in Port Orchard Bay, the
The appellant first assigns that the court erred in adjudging that the use for which the property was sought to be taken is for the extension of a public street. She contends that the property is sought to be taken not- for a street, but that a wharf or dock may be erected thereon. Abstracts from the reports of committees appointed by the city council of the city of Bremerton to consider the advisability of con
“The appellants concede the right of the city to extend and improve its streets over tide lands, but contend that it has no authority to place any structure in the streets. They cite in support of this, Globe Mill Co. v. Bellingham Bay Imp. Co., 10 Wash. 458, 38 Pac. 1112, where the court recognizes, arguendo, that both tide lands and intervening streets will ultimately be filled' and become ‘solid land.’ This may be granted, but it seems far from holding that the terminus of a street may not be extended by a wharf or gridiron to make a practicable connection of solid land and navigable water. It is also true that in West Seattle v. West Seattle Land & Imp. Co., 38 Wash. 359, 80 Pac. 549, the maintenance of a ferry slip in the street by private persons was enjoined as a nuisance on complaint of the city, but that is hardly authority for the contention that the city cannot lawfully maintain a slip and wharf at the terminus of a street, extending the same into navigable water for the use and convenience of the general public. It is true, also, that neither the city nor any one else can lawfully erect a standpipe, or a steam engine, or an electric light plant, or a water tank, or a city hall, or a dumping board, or any other structure of like character in the streets, as held by other authorities cited by appellants; but there is a wide difference between these things and the construction of a wharf by the*568 city at a street termination, leading into navigable water giving public access thereto, and in aid of general traffic between land and water. This is not only not inconsistent with the use of the street as a public highway, but is actually in aid of such use.”
It must follow, we think, that it may condemn a way to reach such dock.
The conclusion reached on the foregoing branch of the case renders it unnecessary to discuss the second question suggested; namely, whether or not a city of the third class has power to condemn land for wharfage purposes. Certain questions however are suggested which are thought to require a new trial, and these we will notice briefly.
At the trial of the case before the jury, one Randall was permitted to testify as to the amount of damages that would be suffered by the owner by the taking of the property sought to be condemned. In his cross-examination the following appears :
“Q. On what do you base your value of $3,000 for the piece described on the plat? A. On the average rental of the property adjacent thereon. Q. Now, is there any of this tide land — there is some tide land rented, is there not? A. Yes, I believe so. Q. Do you know what the rental value of that property is? A. It varies from ten dollars to thirty dollars a month, I think. Q. Do you know? A. I have not seen any of the leases or rentals. This is hearsay. Q. Is your value of $3,000 based on what you have heard' of the rental of the adjacent property? A. Yes, sir.”
After these answers had been made, the appellant moved to strike the testimony of the witness, which motion the court denied.' This is thought reversible error, but we think the ruling correct. Elsewhere in the record it appeared that the rental values of the property described were within the estimates made by the witness; and if his evidence was incompetent standing alone, it was made competent by these additional proofs.
Another witness testified on cross-examination that his
The court gave the following instruction to the jury:
“You are instructed that the city has the right to take the land described in the petition for the purpose mentioned therein, namely, the building of a street or an approach to a wharf or dock to be built in front of the harbor area in front of the said tract.”
This instruction is unobjectionable. Both the ostensible and real purpose of the proceeding was to provide a street for a wharf which the city proposed building, and no harm could come by informing the jury of that fact.
There is no reversible error in the record, and the judgment will stand affirmed.
Crow, C. J., Morris, Ellis, and Main, JJ., concur.