5

paid by them bfore such clarifications in the street, and your pe-
titioner on account of said ditch, and its rendering such dwell-
ing houses inaccessible has been obliged to lower said rent to a
mere nominal sum in order to keep any of said dwelling houses fill-
ed with tenants. Your petitioner further days that he has been great-
ly 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 petition-
ers premises) be laid down, all damages or injuries to be
public
place along with such track is to be laid down shall be ascertin-
ed 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)