Chicago, Milwaukee & Puget Sound Railway Co. v. Slosser

Citations

• 82 Wash. 467
• 144 P. 706

Syllabus

<p>Eminent Domain — Proceedings—Decree—Appeal—Review—Combined Judgment. In eminent domain, there is no right of appeal under the general statutes of appeal, as the eminent domain act is a special act, contemplating three judgments in the course of the proceedings, viz: (1) the decree of public use; (2) the award of damages; and (3) appropriating the title; and provides for an appeal only from the second, bringing up the propriety and justness of the award, which right of appeal is waived by acceptance of the award; hence one final judgment, incorporating all three of the judgments contemplated by statute, entered after an acceptance of the award, is not reviewable by appeal, but only by certiorari, if at all.</p> <p>Same. In eminent domain proceedings, it is not reversible error to combine the judgment for damages on the award with the final decree of appropriation, since an appeal, allowable on the former, may be taken from the combined judgment pro tanto.</p>