City of Seattle Records

paid by them bfore such clarifications in the street, and your petitioner on account of said ditch, and its rendering such dwelling houses inaccessible has been obliged to lower said rent to a mere nominal sum in order to keep any of said dwelling houses filled with tenants. Your petitioner further days that he has been greatly damaged on account of the digging of said ditch or canal, and by reason of is continuance in said street in front of his said property, to-wit: in the sum of Seven hundred ($700.00) Dollars. YOur petitioner further says that ordinance 1441, being the Ordinance that authorized S L Bowman or his assigns to construct the Street Railway on said Washington Street, by its 3rd section provided, that before the track of said grantee herein on the above designated route, (being the route in front of your petitioners premises) be laid down, all damages or injuries to be public place along with such track is to be laid down shall be ascertined and compensation made therefor by said Grantee in the manner provided by law. Your petitioner alleges that this was a provision between the City and the Grantee, and it was the duty of the City to enforce in the interest of the its citizens, the tax payers of the city, said provision. Your petitioner further says that on account of the neglect of said city to comple said Crantee or his assignes to enforce said provision , that your petitioner comenced an action against the Rainier Avenue Electric Railway, the assignee of said Grantee, to recover damages against said assignee for damages to his promises, for the wrongful digging of said canal or ditch in front of your petitioner's premises, Said action was commenced on the 28th day of March, A D 1893. the courts ruled in said action (2)