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ETTOR v. TACOMA

Nos. 68, 69.

228 U.S. 148 (1913)

33 S.Ct. 428

57 L.Ed. 773

ETTOR v. CITY OF TACOMA. HOWARD v. SAME.

Supreme Court of United States.

Decided April 7, 1913.

Attorney(s) appearing for the Case

Mr. Stanton Warburton, with whom Mr. John M. Boyle, Mr. E.B. Brockway and Mr. C.M. Boyle were on the brief, for plaintiffs in error.

Mr. Heman H. Field, with whom Mr. George W. Korte and Mr. T.L. Stiles were on the brief, for defendant in error.

MR. JUSTICE LURTON delivered the opinion of the court.

These were actions to recover for damage inflicted upon abutting property in consequence of an original street grading done by the railroad company under authority and direction of the city of Tacoma.

At the time the grading was done there was in force an act of the Washington legislature which required the city to make compensation for consequential damages due...

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