Seattle, Renton & Southern Railway Co. v. City of Seattle

Citations

• 70 Wash. 264
• 126 P. 531
• 1912 Wash. LEXIS 1041

Syllabus

<p>Street Railways — Right op Way — Deeds—Construction. Deeds or contracts for a street railroad right of way, providing for the execution of such further grant as may be necessary after the construction of the road, are merged in a subsequent right of way deed given in pursuance of the former contracts, and referring to an unrecorded plat which dedicated streets and reserved a right of way therein as given in the subsequent deed; especially where such deed leased the right to maintain the road as already constructed until the street should be graded, at which time the deed required the company to remove its tracks to the graded street.</p> <p>Same — Rights by Prescription — Permissive Use. In such case, the use of the lands on which the road was constructed, was a permissive use, and the payment of taxes thereon by the railroad company does not indicate an adverse holding.</p> <p>Dedication — Plats—Streets — Vacation — Nonuser — Right to Question — Estoppel — Street Railways — Easements. A railroad company having only an easement in a street, cannot object to grading the street on the ground that the street was abandoned by five years’ nonuser and failure to open it, the abutting property owners not objecting; and the company having accepted an easement in the street and agreed to move its tracks thereto when the street was graded, it is estopped to question the right to grade the street.</p>