Patton v. Olympia Door & Lumber Co.

Citations

• 15 Wash. 210
• 46 P. 237
• 1896 Wash. LEXIS 164

Syllabus

<p>EMINENT DOMAIN — OBSTRUCTION OF STREET BY RAILWAY TRACK — DAMAGE TO ABUTTING PROPERTY.</p> <p>Where, under an agreement between a millowner and a railroad company, a railroad switch has been constructed by the millowner, from the railroad to a mill for the purpose of running cars over same for the benefit of the mill, the millowner cannot escape liability for damages occasioned by the necessary operation of the switch in the customary manner, although the trains may be run and operated by the railroad company.</p> <p>If the owner of a lot has been damaged in a manner different from that of the public generally by the appropriation of a street for railroad purposes, he is entitled to compensation.</p> <p>There is proof of damages peculiar to plaintiff in the construction and operation of a railroad track in the street in front of his dwelling house, when it appears that the track runs so close to the sidewalk that a team cannot stand between them clear of the track, and that the dwelling house is damaged and rendered of less value by the running of trains over the track.</p>