DeKay v. North Yakima & Valley Railway Co.

Citations

• 71 Wash. 648
• 129 P. 574
• 1913 Wash. LEXIS 1382

Syllabus

<p>Eminent Domain — Right to Compensation — Operation of Railroad — Damnum Absque Injuria. Noises, and the jarring of buildings and the casting of smoke and cinders on adjacent property, necessarily incident to the operation of a spur track on a railroad company’s land, and the alley abutting thereon under license from the city, is damnum absque injuria, and not a taking or damaging of the adjacent property.</p> <p>Same — Public Use — Commercial Side Tracks — Private Warehouse. In such case, it is immaterial that the city license to use the spur track was limited to the purpose of serving a commercial warehouse on private property, in view of Laws of 1911, p. 548, § 13, giving the right to maintain spurs for the use of a private shipper.</p>