Ingalls v. Eastman
Ingalls v. Eastman
Opinion of the Court
The plaintiffs are the owners of a part of the northwest quarter of the northeast quarter of section 28, and of the northwest quarter of the northwest quarter of section
It is apparent that the appellants suffer a special damage beyond that suffered by the general public, and that their property is injuriously affected and their personal enjoyment lessened within the meaning of the statute. See Rem. & Bal. Code, §§ 943, 944, and 8316. The question presented by the demurrer has recently received careful consideration by this court. Sholin v. Skamania Boom Co., 56 Wash. 303, 105 Pac. 632. Under the view there announced, the complaint states a cause of action. No brief has been filed on behalf of the respondent. The court had jurisdiction of the subject-matter and the parties, and erred in sustaining the demurrer. The order sustaining the demurrer was entered before the opinion in the Sholin case was filed.
The judgment is reversed for further proceedings.
Rudkin, C. J., Fullerton, Mount, and Parker, JJ.,, concur.
Reference
- Full Case Name
- W. D. Ingalls v. George W. Eastman
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Highways — Obstruction—Special Damages. Tbe obstruction of a highway may be enjoined by one who suffers a special damage in that he uses the highway at least twice a day to go from his residence to another tract which he was farming, and the obstruction required him to use another road with worse grades and twice the distance.