City of Seattle v. Seattle, Renton & Southern Railway Co.

Citations

• 83 Wash. 94

Syllabus

<p>Eminent Domain — Proceedings—Necessary Parties Dependant. In proceedings by a city to condemn the property of a railroad company, which was in the hands of receivers, the receivers are necessary parties defendant.</p> <p>Same — Proceedings—Limitation oe Use — Issues and Proop— Damages — Deceee. In proceedings by a city to condemn part of the right of way of a railroad company in order to secure a joint use, in which verdicts for damages were awarded for such joint use only, judgment cannot be entered granting to the city the fee of the property condemned.</p> <p>Same — Assessing Damages — Separate Trials as to Separate Tracts. In proceedings by a city to condemn part of the right of way of a railroad company for a distance of several miles, but of varying widths, described by metes and bounds by various descriptions, dividing the property into various zones, the city is not entitled to try out the issue of damages on each description or zone, and have various verdicts rendered thereon, but the damages must be determined as a whole, and not by piecemeal; and- it is immaterial that as to some of the zones it is claimed that the city’s rights are determined by deeds, franchises, and prior litigation; since the questions of such rights and title are not to be submitted to the jury.</p> <p>Same — Damages—Measure op Damages. Upon the condemnation of railway property, in determining the damages because of a five per cent grade adjacent to its terminal and shops, the measure of damages is such sum as would enable the railway company to readjust itself to the new grade, so that it would occupy the same relative position to the proposed grade as it does to the present grade; and not the amount necessary to readjust the tracks into the shops on a five per cent grade, the cost of retaining walls, and estimated insurance against added risks of operation on a five per cent grade.</p>