McGilvra v. Seattle Electric Co.

Citations

• 61 Wash. 38
• 111 P. 896
• 1910 Wash. LEXIS 1279

Syllabus

<p>. Street Railroads — Franchises—Rights—Motive Power. A franchise for various street car routes authorizing the company to propel their cars either by electricity or cable, empowers the company to make a change and employ both on a single route, especially where that has been the contemporaneous construction of the city council.</p> <p>Same — Operation—Motive Power — Control—Review by-.Courts. The expediency and propriety of allowing a change of motive power on a street car route, thereby preventing continuous passage and requiring transfers, is for the determination of the board of public works, and the courts will not interfere with the deliberate judgment except for abuse of discretion.</p> <p>Same — Objections to Change. Objection to a change of motive power on a street car route on the ground that the service will be inefficient is unavailing, since the authorities can compel an efficient service.</p> <p>Same — Service—Transfers—Continuous Passage — Change. A' street car company may, with the approval of the city, change from a through service to a transfer service, although it may cause some inconvenience.</p> <p>Same — Franchises—Construction. A clause in a franchise expressly restricted to existing street railways that may be acquired and used as a part of the system has no application to any part of the old system.</p> <p>Same — Service—Change in Routes — Transfers. Where a street car franchise requires the issuance of transfers from one line to another, the matter is within the control of the city, and the courts will not interfere with proposed changes in routes and service in anticipation of a breach of the contract of the company respecting transfers.</p> <p>Same — Control—Review by Courts — Injunction. Where the determination of engineering problems respecting a street railway route has been vested in and decided by a board of public works, the courts will not, upon conflicting evidence by affidavits, interfere by injunction to set aside the decision