In re Rainier Avenue

Citations

• 80 Wash. 688

Syllabus

<p>Eminent Domain—Proceedings—Appeal—Supersedeas. The supreme court has jurisdiction to grant a supersedeas pending an appeal from a judgment in condemnation proceedings, and Rem. & Bal. Code, § 7783, providing that no appeal from a judgment entered upon an award from a jury shall delay proceedings under an ordinance directing a public improvement, is not applicable thereto, where the award was only for the user by the public of the company’s right of way for street purposes, and made no provision for the expense of readjusting its tracks to conform to the surface of the street after it has been brought to the grades established by the ordinance authorizing the improvement, and moreover it was questionable whether the city had the power to condemn land for a street longitudinally over land owned by the company in fee and occupied by its tracks; since it appears that, should the questions raised by the appeal prove meritorious, the constitutional rights of the appellant will be violated if the supersedeas is not granted.</p>