72 Wash. 298 | Wash. | 1913
This is an action for damages to abutting property by reason of changing the grade and the regrading of a street. The plaintiff is the owner of lot 19, in block 5, in First addition to the West Riverside addition to the city of Spokane, which lot fronts on Clark avenue, one of the public streets of the city. On June 12, 1900, the city council passed
On October 26, 1911, the city council passed an ordinance providing for the institution of a condemnation proceeding for the purpose of ascertaining the amount of damages to abutting property by reason of the changing and reestablishing of the grade of Clark avenue. Pursuant to this ordinance, condemnation proceedings were begun, a trial had, and judgment was entered therein on December 27, 1911. The plaintiff here was a party to that action and appeared therein by counsel. The judgment in the condemnation suit has never been vacated or set aside. During the month of January, 1912, the present action was begun on the claim that had been filed July 28, 1911. In due time the cause came on for trial. At the conclusion of the plaintiff’s evidence, a motion for nonsuit was interposed by the defendant. The motion was granted, and dismissal of the action followed. The plaintiff has appealed.
The sole question presented is whether the judgment in the condemnation suit is res judicata as against appellant’s right to prosecute the present action. To ascertain the amount of the damage which appellant’s property would suffer by reason of the change of grade of Clark avenue was one of the purposes for which the condemnation action was
The judgment will therefore be affirmed.
Morris, Ellis, Fullerton, and Mount, JJ., concur.