Home/Washington Supreme Court/Murphy v. City of Tacoma

Murphy v. City of Tacoma

374 P.2d 976, 60 Wash. 2d 603, 1962 Wash. LEXIS 348
CourtWashington Supreme Court
DecidedSeptember 27, 1962
Docket35748
StatusPublished
Cited by18 cases

This text of 374 P.2d 976 (Murphy v. City of Tacoma) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. City of Tacoma, 374 P.2d 976, 60 Wash. 2d 603, 1962 Wash. LEXIS 348 (Wash. 1962).

Opinion

*604 Donworth, J.

This is an appeal from an order granting the city’s motion for judgment n.o.v. and striking the jury’s awards totalling $10,000 for mental anguish, suffering, discomfort, annoyance and inconvenience in three consolidated actions for damages to appellants’ real property, alleged to have been caused by the acts of the city performed in connection with a public improvement described in this opinion.

This appeal is stated to be “a consolidated appeal on a short record.” The appropriateness of this characterization may seem questionable in view of the fact that the record contains transcripts of 376 pages, a statement of facts exceeding 1,000 pages (with 78 exhibits referred to therein), and two briefs of approximately 100 pages each (containing 85 citations of prior decisions of this court exclusive of those from other jurisdictions).

In an endeavor to intelligibly set forth the rather involved factual pattern, we have inserted herein a map of the area involved which is based upon exhibit 35. Appellants are (or were at the time of the entry of the decree of appropriation in the condemnation proceeding hereinafter mentioned) the owners of four parcels of land in Pierce County located about three miles south of Eatonville. For convenience, they are numbered from 1 to 4, inclusive.

Parcel No. 1 consists of 53 acres of unimproved land (partially cleared) purchased in 1951, of which about nine acres were damaged by the public improvement made by the city later described herein.

Parcel No. 2 was purchased in 1948 and consists of over 500 acres, which is occupied by appellants as their home. It is improved by their residence and outbuildings. Between this property and the scene of the city’s operations is a ten-acre tract belonging to the city of Eatonville.

Parcel No. 3 consists of 65 acres of unimproved and partially cleared land which was purchased in 1959 for $1,625 after appellants had filed a claim against the city for damages allegedly caused by the slide to other parcels. About four acres of this property was claimed to be damaged by the city’s acts.

*605

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Cite This Page — Counsel Stack

Bluebook (online)
374 P.2d 976, 60 Wash. 2d 603, 1962 Wash. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-city-of-tacoma-wash-1962.