Olympia Light & Power Co. v. Tumwater Power & Water Co.

Citations

• 55 Wash. 392
• 104 P. 778
• 1909 Wash. LEXIS 769

Syllabus

<p>Eminent Domain — Proceedings—Review—Appeal or Certiorari. Under the eminent domain act, Bal. Code, § 5645, limiting the right to appeal in proceedings to condemn land to the question of the justness and propriety of the amount of the damages awarded, an intervening public service corporation, claiming a prior public use, whose petition in intervention was dismissed upon the sustaining of a demurrer thereto, occupies the same position as an original party, and is not entitled to prosecute an appeal from the judgment of dismissal before any award of damages, either under the eminent domain act, or the general appeal act, its remedy being by writ of certiorari (Rudkin, C. J., Fullerton, Gose, and Chadwick, JJ., dissenting).</p>