Spokane Street Railway Co. v. City of Spokane

Citations

• 5 Wash. 634
• 32 P. 456
• 1893 Wash. LEXIS 35

Syllabus

<p>MUNICIPAL CORPORATIONS —CONTROL OF STREETS — INTERFERENCE WITH STREET RAILWAY — INJUNCTION — PLEADIN®.</p> <p>Where a city, in its grant of a franchise to a street railway company to lay tracks upon its streets, reserves “authority to enter upon said streets or any part thereof for the construction of sewers,” the city may cause the construction of sewers in that portion of the streets covered by the company’s tracks.</p> <p>An allegation in a complaint to enjoin the construction of a sewer by a city, which states that “the plaintiff further alleges that said sewer can be constructed in the center of said street, if necessary, without injuring the plaintiff’s property, and without interfering with the operation of plaintiff’s said street railway,” does not negative the presumption that the city was proceeding in such a manner as not unreasonably to interfere with the rights of the plaintiff, and is demurrable for want of sufficient facts.</p>