Schwede v. Hemrich Bros. Brewing Co.

Citations

• 29 Wash. 21
• 69 P. 362
• 1902 Wash. LEXIS 548

Syllabus

<p>MUNICIPAL COBPOEATIONS- — -CONSTEUCTION OF BAILWAY IN STEEETBIGHTS OF ABUTTING OWNER-INJUNCTION.</p> <p>The owner of a lot abutting upon a public street, irrespective of the question whether the fee of the street is in the city or the abutting owners, has such a special interest therein as to entitle him to maintain injunction against the unlawful construction of a railway in the street.</p> <p>SAME-TITLE TO STREETS-EFFECT OF DEDICATION.</p> <p>The public control of streets and highways in this state does not amount to an ownership of the fee, under Bal Code, §§ 1264-1276, which declare the effect and purpose of dedication by city plats.</p> <p>SAME-ILLEGALITY OF PERMIT TO USE STEEET.</p> <p>A permit by the board of public works to use a public street for the purpose of constructing a railway track would confer no right to so use the street, nor afford a basis for the condemnation thereof, since the power of granting franchises for such purposes is reposed in the city council under a delegation of legislative functions to cities.</p>