City of Spokane v. Spokane & Inland Empire Railroad

Citations

• 75 Wash. 651
• 135 P. 636
• 1913 Wash. LEXIS 1765

Syllabus

<p>Municipal Corporations — Police Powers — Change of Grade— Elimination of Grade Crossings. Tbe power to compel grade separations is an exercise of tbe general police power of tbe city in legislating for the general welfare and safety, and also in providing for street grades and locating railroad and street railway lines therein, under Rem. & Bal. Code, § 7507, subds. 7, 8, and 9.</p> <p>Railroads — Regulation — Powers of Commission — Change of Street Grades — Eminent Domain — Elimination of Grade Crossings. The public service commission is not authorized to change city street grades or exercise the power of eminent domain for the purpose of eliminating railroad grade crossings in a city, by sections 9, 53, and 64 of the public service law of 1911, p. 538, which provide that it shall'be the duty of common carriers to construct safe trackage, that the commission may determine what is safe, and that hearings shall be had upon complaints as to tracks, switches, terminals, etc., and changes to promote the security and convenience of the public and secure adequate facilities.</p> <p>Eminent Domain- — -Public Use — Change in Street Grades — Elimination of Grade Crossings. Changes in grades of streets, determined upon as a matter of public welfare and safety, and the elevation of railroad tracks or other requirements to eliminate grade crossings, are a public use authorizing the exercise of the power of eminent domain by a city.</p> <p>Municipal Corporations — Improvements- — Change of Grade-— Eliminating Grade Crossings — Proceedings — Validity. An ordinance requiring railroad companies to institute proceedings to change street grades and eliminate grade crossings according to specified plans and pay the cost thereof in such proportion as they may agree upon or as may be determined by the courts, is void; since the city cannot delegate its power of eminent domain to the companies, nor shift the burden of apportioning the costs to the courts.</p> <p>Municipal Corporations