North Coast Railway v. Northern Pacific Railway Co.

Citations

• 48 Wash. 529
• 94 P. 112
• 1908 Wash. LEXIS 912

Syllabus

<p>Eminent Domain — Property Devoted to Public Use: — Necessity. A Congressional grant of a railroad right of way of a certain width is not conclusive of the fact that the entire width was necessary for the purposes of the railroad, as against another railroad seeking to condemn a portion thereof for public purposes.</p> <p>Same. The right of eminent domain under state laws may be exercised by a railroad company to condemn a longitudinal portion of a right of way granted by Congress to another railroad company, if public necessity therefor exists and the occupying railroad does not require the portion taken.</p> <p>Same — Compensation—Railroads—Grants. A railroad company seeking to condemn a portion of the right of way of another railroad through a mountain pass, seeking to acquire a tract outside of the roadbed of the other company, is not relieved from paying compensation by virtue of U. S. Stat. at Large, ch. 152, p. 482, § 2, providing for common usage and occupancy by railroad companies of roadbeds through a canyon, pass, or defile, since no common usage is sought.</p> <p>Same — Waiver of Objection to Damages. Where a petitioner in condemnation proceedings asks that the damages be ascertained, it cannot contend, upon review by certiorari,, that no damages can be awarded by reason of petitioner’s right of common usage.</p> <p>Same — Necessity for Taking Railroad Right of Way — Evidence —Sufficiency. A reasonable public necessity, authorizing the condemnation of a longitudinal portion of a railroad right of way through a mountain pass for three-fifths of a mile, appears where the same is wanted for a railroad right of way through the pass, there being no other way except by the construction of a tunnel, costing $200,000, or by crossing a swift mountain stream twice and using unsafe substructure through low lands swept by floods, involving a much greater expenditure of money than the other route and increased dangers to the public.</p> <p>Same. A finding that doub