City of Spokane v. Thompson

Citations

• 69 Wash. 650
• 126 P. 47
• 1912 Wash. LEXIS 970

Syllabus

<p>Attorney and Client — Appearance—Eminent Domain—Proceedings. Where a railroad company had agreed to pay the damages awarded against a city in a street condemnation, it had a direct interest in the proceedings and it was not error to allow its attorney to represent the city.</p> <p>Eminent Domain—Public Use—Change of Street Grade—Accommodation of Railroad Company. Under Rem. & Bal. Code, § 7507, providing that a city may authorize or prohibit the main-, tenance of a railroad in streets and prescribe the conditions thereof, the granting of a franchise to a public service railway corporation to cross a street at a specified height, and changes of street grades in the vicinity to meet the necessities of the railroad grade, are for a public use, notwithstanding that the railroad company agreed to pay all condemnation awards against the city.</p> <p>Same — Proceedings — Parties Plaintiff. Condemnations for street grade changes to meet grades of a railroad company, which agreed to pay all condemnation awards against the city, are properly prosecuted in the name of the city.</p> <p>Same:—Damages—Rule of Assessment—Offset of Benefits. In condemnations for street grade changes to meet grades of a railroad company, the railroad agreeing to pay all condemnation awards against the city, being for the public benefit and not solely in the interest of the company, and being prosecuted in the name of the city, the damages are to be assessed under Rem. & Bal. Code, § 7782, and Const., art. 1, § 16, permitting cities to offset special benefits against the damage, and not under Id., § 926, authorizing damages against a railroad company irrespective of any benefit to the property.</p> <p>Same—Damages—Obstruction of Alley. The closing of a 16-foot alley by the change of grade of a street is a special damage to the property abutting on the alley.</p> <p>Same—Damages—Evidence. In condemnation proceedings to assess the damages from the elevation of F. street, evidence as to damages from