The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-16
GAS COMPANY VS.. CITY.
Important Ruling In Damage Suit-Ex
pert Testimony Given.


The suit of the Seattle Gas, Electric Light and
Motor Company against the city for 100000
damages, alleged to have been caused to the
plaintiffs property by the change in grade of
Jackson and adjoining streets, occupied the
whole OF yesterday in Judge Humes' court. The
case promises to last several days more, as only
four witnesses the stand yesterday.
Judge Orange Jacobs, corporation counsel, as
sisted by Battee & Shipley, is the attorney for
the city, and the gas company is represented by
Blaine & De Vries and Hughes & Hastings.
Nearly the whole of the time yesterday was
taken up with arguments
The Seattle Gas Company, q corporation or
ganzed some years ago, by q resolution of its
stock holders. sold. assigned and conveyed all of
fits property except the claim set forth in this
suit to the Seattle Gas, Electric Light and Motor
Company, the plaintiff in this action. In nc
cordanee with that resolution the company exc
cuted deed of conveyance of all of its property
except this claim against the city. The city's
attorneys yesterday took the position that the
present plaintiff, the grantee in the deed, has no
right to bring this action under the reservation
both in the resolution and the deco,
but that the cause of action, II
any existed Mt all, existed in favor of the Seattle
Gas Company, the grantor in the deed The
plaintiffs claim that, Notwithstanding this
servation, matter Of fact IL is the equitable
owner of the claim, and is hence the real party
in interest, and such is entitled to bring this
action and recover.
The court held, after a lengthy argument, that
II the plaintiff could show this faot-that it was
the real owner of the claim-it would be en-
titled 10 show such fact. notwithstanding the
fact that the Seattle Gas Company reserved the
claim aud the right to sue.
In connection with this question, the plain
tiff undertook to show that when it was incor-
corporated il was for the purpose of becoming
the successor in interest OF the Seattle Gas Com
pany, and also another corporation, known as
the Seattle Gas and Electric Light Company,
and that it was incorporated for the purpose of
becoming such successor in interest. in ac-
cordance with agreement between
II and the other corporations. The
resolutions Of the Seattle Gas Company
and the Seattle Gas and Electric Light
Company, authorizing and directing a sale of
their respective properties, were made August
&c, 1890
The evidence of the plaintiffs so far has been
confined to showing that their access to the
property has been cut OF by the high grade of
the streets
Mr.. Beverly OF the Tacoms gas works, on the
stand said that the main item of damage was,
In his opinion. occasioned by reason OF render
Ing the property inaccessible for the purpose OF
hauling coal, shale, etc, 90 and from the prem
ises but that IL the present roadway, as
now constructed on Fifth street and under
Jackson street was continued, that would obyi-
ate and dispense with any increased cost IN get
ting material TO aud from the works. lie fur
ther said that ii the premises were rendered ac-
cessible from King street when the roadway of
King street was constructed this increased cost
o! getting in material would also be rendered
unnecessary
The testimony of A. A. Denny on the question
OF damages was that the damage to the land as
such he regarded as great amount by reason
OF the raise of grade but that the damages arose
mostly by reason of the increased cost OF getting
material to and from the works
Captain DeWolf. one of the jurors, was excused
during the day and the remainder OF the trial
will be had before eleven men.