The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-05
] CUT IN THE HILL.
Bsrson Street Grade Perpetu.
ally Enjoined.
BROWN WON HER CAUSE
-, Lichtsnbers's Able Opinion-W.
s hin scores Another Victory in
His Big Land suit-Blotter.

-. Iichtenberg's Able Opinfon-W.
I. hin scores Another Victory in
His Big Land suit-Blotter.
x,.;s. 1 circle OF interested attorneys
.ssbersd ii the equity department OF the
5S,erioy court, yesterday afternoon, to
- Judge LIchtenberg's decision in two
-, important Iawsuits--the Jennie Nc
= q Brown VI. the City OF Seattle case.
s, ~b,eh the court granted . perpetual in
+ .1in1. q prayed for by the piainaff, and
= z ~. 1ckleer case. which was decided
Is is1cro IL Mr.. w. c, Hill. the plaintiff.
x1rrsRson STREET INJUNCTION.
- loiIowing is complete statement Of
- Brown-City OF Seattle suit, and Judge
7iehienbere's opinion in full:
-. uef1urh Brown, plaintiff, W. the City
I "a senftls and \. 7. smart, defendants.
/ f1ls eanuc having been heard on final hearing
s. spplication for perpetual INJUNCTION. the
- dnds the following facts:
l.
= ma the plaintiff became, ana still IL. the
100 II, re- Of the premises described in the
sra.rlaint 10 wit: Lots two. three and four.
i5,<k fftv.nine Terry's first addition to the city
- 1rsstle. That ct said time lot four was inn
1870 ~ house erected thereon. which house
S1e1nfi6 Immediately enlarged. In 1858 and 1859
y11fnfi6 erected on lots two and three several
S'jIdinss. to wit: Facing and fronting on
1Iehth oireet three Queen Anne cottages: fac
~ and fronting on JEFF rson street, two double
Seraes ana facing and fronting on the alley,
~~S<4 teff - yxfw
n lFerson street, bounded on the ives by Sew
- street and on the east by said alley. said
49, running north and south from Jefferson 10
1Err>ce street That lots two and three are
ENDED on the east by Eighth street, on the
- 81 said alley. on the north by Jefferson
1900. each OF said lots having frontage Of
lfxfs FEET on said Eighth street and depth Of 1s0
- extending from said Eighth street TO said
that he present means OF access to the res
secfIye houses is a. follows, to.wIt: To those on
Ia r N the front, BY Seventh street by means
" nnht Of fhirty-two steps and from the rear
y I'D alltY; to the single house upon lot 3, by
neans Of said alley solely; to the two double
houses, from the front by Jefferson street and
l5on the rear by said ally: to the three Queen
Anne cottages, nom the front by Eighth street
md shs rear By Jefferson sti eet. That according
eoid Eighth street aud jefferson street and alley
8 ftee, easy and convenient.
H.
4 Ih>t he sid premises sis finely located ana
- 81 the fnest residence portions Of the city,"
sdeusoly populated. and the houses since their
6oesIon hare been constantly occupied by the
~ clsss Of tsnantA
MAJ I system of sewerage has been con-
1nucfed b. said plaintiff: drains and sewerage
= 20 mid houses on lots 2 and =, AMI the house
= lol & connected with aesspool on lot I. and
~ ~ natural outlet from said cesspool or the
1nin leading into said cesspool. would be In
1Dunection with . sewer on Seventh street when
"a Seventh street sewer Is constructed.
1hat TIE presen markcft value of said naked
~ h $4,000 and upwards; that the value of
Improvements erected thereon is SIS 600 and up
|11zds; that the monthly rental value by ten
1nh hom year 10 year Is as follows, to wit:
Eouse on lot I, ss5; house on alley, SIS; houses
lBunline on Jefferson street, $54 aid $50 respect.
lztly: Queen Anne cottage. fronting on Eighth
11ses, rs
that TIE defendant City Of Seattle, since Jau-
NJ ], $50. has been and still 10 municipal
oorporetIon, duly incorporated aud organized
= f1ch under and By virtuu of the laws OF the
l1sItorv, now state. Of Washingt N
That IN 1853, by ordinance No. 3S3. amended
~ ordinance No. 4aS. the said city of Seattle
~ estehiished grade on said Jefferson street
o1oaiowE At the intersection Of Seventh and
1(1exuon street 261 feet. at the intersection of
Ghsh and Jefferson streets 3A feet.
E Ihat on the 18th of March, 1890. without any
ettion on the part Of property holders. the
|0nmon council Of said city ordered JET rson
meet graded and improved from Tnird street
y Broadway" which included Jefferson street
Defueen said Seventh and Eighth street. said
ekoer being passed by the unanimous vote of
eht councilmen present
That on April Is. 1890, the street committee of
0id common council returned ana reported
seiproyed the plans and specifications for the
ending and improvement of said Jeasrson
e0ek sxud the clerk was instructed 70 adyer-
H. fof blds."
ihat on April 2s 1890, the common council OF
~ CITY received aud opened bids for said i'm
rosements and 1t was ordered that the con-
eAet y awarded TO Z. 7. Smart, and the bond
NJ Il 5000"
nat on Nay l, 1890, contract was entered
a!o - pursuance Of said action of the council
e0Ween the laid city aud said contractor for the
Dfodtng and improvement of said jefferson
sqeet That said contractor, E. T. Smart, 10 one
- The defendants In this action.
mat on the third day Of May. 1890, the COM
3 council Of said city passed an ordinance,
g :, Tor the srading OF said street by the fol-
wang votes: Durie, Hall, Jones. Phillips,
xsse1ell, White; against the same, none. IN
eoqu0n TO these Councilman Wallingford was
gh1ens but, a. the mayor was absent, said
eehngiofd presided at said meeting of the
Sancil and did not vote on said ordinance.
~ ordinance is Apr we'd By said Councilman
Nalnneford as acting mayor.
!nas on the lstn day of July, 1890, one month
tqnent TO the commencement of this action,
sna common ouncil duly passed an ordinance,
- Lsa4 entitled ITO ratify. confirm and vail
sae the contract hereinbefore referred to en-
- INTO between said city and said E. T.
Al on the LIST Of Nay. 1880.
w.
nat no ordinance OF said city establishes o
nee 90 said Jefferson street between six h and
Hssnth streets and between said two streets
aS ~ GRADE is IAN impracticabie grade, impossi-
|1k TO get up.
. 1aee In Pursuance of the contract OF May /,
~ we defendant, Smart, commenced active
80 o. grading said jefferson strs ct; that at the
~ seetion OF Eighth and jefferson street sthe
s.-1s nss been changed several times and sew
VA ainernt Instructions given to said con-
eA@t VIC tdt Oh SSHtfttn stlttE Ut the
~ 49, between lots two, three aud four will be
s ~ seventeen feet or fourteen aud two-tenths
-. snd o the intersection of Eighth and JEFF
s.s0a streets eight feet and six or two feet and
s s..,sn-tenths, and that the grade on Jefferson
sNA between Seventh aud Eighth. will be
sssa nisesn to nineteen per cent, the cut and
~ ss.ae spending entirely upon whatever def
e'te upon.
al "a. With four.eeR-foot cut at the intersec.
y - =. senerson street snd the alley the grade
- $50 sliey win be about thirty-two and half
- Sue-a grade impossible for loaded teams
v.
- "a sssson OF said grading of Jefferson street,
s-ss property is specially injured. To
q. Pisss Toe adiacent soil p aintiff will be COM
s sss' 70 bui d ard maintain retaining walls
sAid jefferson street, from said
kighth street, and along said alley
a.