The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-18
THE DEMURRER SUSTAINED.


4 Decision I'm q Case That Interests All
the Southern Section OF the City.
A decision was rendered in Judge Lichten-
berg's court yesterday sustaining the demurrer
of the South Park Land Company in the case of
the county against this company on an applica-
ton for an injunction to prevent the building
OF a house on the line OF an old private road
way The decision Is particularly interesting
for the fact that different decision would af-
iect the rights OF large number of purchasers
ct lots in South park, from the fact that the es-
Enlistment OF this old private roadway as
,lablic highway would have cut through q
Gge number of lots and injured them. From
aatement of the facts. as given by Messrs.
Turner Il McCutcheon, the attorneys for the
South Park Land Company, IL would seem that
he action of the county was brought on rather
ashaky basis. A little history would not be
smia. In the year 1889 the South Park Land
company purchased of Mr.. Donovan a large
body OF land in the Duwsmish valley, south Of
The city. At this time county road, known as
No 81, ran to the line of this body of land ct
point near one corner. Through the liberality
OF the South Park Land Com pany, well as the
former owner, the public wss allowed to pass
across their land to point almost dagonally
across, where road No. rs ran TO the edge of this
same body of land-this private roadway, how
ever, being always fenced and gates erected
Tor the convenience of the public. When the
South Park Land Company plated the land the
best plan possible used, having a special
care for the public welfare. This brought
sixty-foot street within thirty feet of the old
original road No. ST. and I'm order to accommo-
date the public the company dedicated q strip
thirty feet wide connecting this sixty foot street
with the county road No. 81, thus opening a
broad avenue from No. 81 TO road rs, making a
public road where before the public passed
through this land only on suferance Now
comes the cause of action. The land company
desired to build house on q spot where their
own private roadway crossed, and the county
brought suit to enjoin, making the claim that
tie road was public highway under Il certain
oct which the judge declared unconstitutional,
selaimcd in the demurrer of defendant In
talk with an officer OF the South Park Land
company IL was learned that the county was TO
ostnsd for the damage they had sustained ow-
ngto this action and previous one, In which
aeclaim was made that this same building was
etstructing a road a half mile away. The
county had 10 give bonds in both these suits,
ana IL Is apparent that the damage can be recov-
cred. II is universally said that the South Park
Land Company has been liberal in their deal
lngs with the public; that they provided sixty
foot streets through their land where before the
only rights the public had were those granted
by the company, and from all these facts IL
would seem that the suit brought by the county
had nothing on which to stand. Meantime the
South Park Land Company say they will do
business at the old stand and continue to be
public bsnefsctors.