City of Seattle v. Columbia & Puget Sound Railroad

Citations

• 6 Wash. 379
• 33 P. 1048
• 1893 Wash. LEXIS 305

Syllabus

<p>MUNICIPAL CORPORATIONS — FRANCHISE FOR RIGIIT-OF-WAY OVER STREETS — ESTOPPEL —CHANGE OF GRADE — PERPETUAL GRANT.</p> <p>Where the city of Seattle has laid, out a street over tide land, and granted a railway company the right to lay tracks thereon, by virtue of provisions contained in the charter conferred upon the city by the territorial legislature, and its acts in exercising such power have been subsequently confirmed by the provision of the state constitution authorizing cities to extend their streets over tide lands, such city is estopped to dispute the validity of the franchise granted the railway company, on the ground of want of authority in the city to grant the right-of-way.</p> <p>Although an ordinance of a city granting a railway company a right-of-way over a certain street may impose a condition that the railway must be constructed within a certain time, yet the city is estopped to urge that the grant is void by reason of a failure to comply with such conditions, when the ordinance has never been repealed and the city has permitted the railway company to continuously operate its road for several years.</p> <p>A municipal corporation has no right to make such a change in a street grade as will effect a destruction of the franchise theretofore granted a railway company to lay its tracks therein.</p> <p>A municipal corporation may grant a perpetual franchise for a right-of-way over its streets.</p>