Bane v. City of Seattle

• Decision Date: 23 June 1914
• Docket Number: 11954.
• Parties: BANE et al. v. CITY OF SEATTLE.
• Court: Washington Supreme Court

141 P. 339

80 Wash. 141

BANE et al. v. CITY OF SEATTLE.

No. 11954.

Supreme Court of Washington

June 23, 1914

Department 1. Appeal from Superior Court, King County; Boyd J. Tallman, Judge.

Action by L. C. Bane and others against the City of Seattle. Judgment for defendant, and plaintiffs appeal. Reversed.

Higgins & Hughes and Hyman Zettler, all of Seattle, for appellants.

James E. Bradford and Howard M. Findley, both of Seattle, for respondent.

PER CURIAM.

This appeal presents the same questions as those involved in Jorguson v. Seattle, 141 P. 334, and Decker v. Seattle, 141 P. 338, just decided. The notice, which was verified on February 12, 1913, and filed on February 15, 1913, stated the cause of action as alleged in the complaint, and contained the following statement of residence:

'That the residence for one year last past of claimant is as follows: L. C. Bane, 2134 Laurelstrade Ave.; W. V. Bane, Hotel Kennedy; Josephine Bane, 412, 21st Ave.'

The case is controlled in the main by the decisions in the above cases. The only additional question presented in this case is the claim that the notice presented to the city council and filed with the city clerk was fatally defective, in that it failed to state that the plaintiffs' place of residence was in the city of Seattle. The venue of the jurat to the claim was laid in King county. The claim was filed with the city clerk. It complied with the letter of the statute, in that it contained 'a statement of the actual residence of such claimant by street and number.' In the absence of a showing that the failure to name the city, county, and state was misleading, we hold that the claim substantially complied with the statute.

The judgment is reversed.