103 Wash. 327 | Wash. | 1918
— The appellant, individually and as executrix of the estate of her deceased husband, began this action on March 16, 1915, to recover consequential damages caused to certain lands as the result of increased seepage and drainage thereon by reason of raising the grade of an established county road.
The respondent demurred to the complaint, on the ground that it did not state a cause of action, and that it showed upon its face that any alleged cause of action is barred by the statute of limitations. This demurrer was sustained by the court, and the appellant, electing to stand upon her complaint, judgment was entered dismissing the action, from which this appeal is prosecuted.
Whether or not the complaint states a cause of action is unnecessary to be determined, in view of our conclusion that the action was not timely instituted. The complaint is based on injuries arising from an alleged tortious act in making a change of grade in the highway, which was fully consummated by its acceptance by the respondent on December 2, 1912. The complaint herein was filed with the county clerk on March 16,1915, more than two years after the cause of action arose. We have heretofore held that actions of this character involving negligent injury do not fall within the three-year limitation provided for trespass on real property, but are governed by Bern. 'Code, § 165, declaring a two-year limitation on all actions not otherwise specifically provided for. Suter v. Wenatchee Water Power Co., 35 Wash. 1, 76 Pac. 298, 102 Am. St. 881; Denney v. Everett, 46 Wash. 342, 89 Pac. 934, 123 Am. St. 934.
The complaint, showing on its face that the action was not brought within the required time, the demurrer was properly sustained. The judgment is affirmed.