State ex rel. Atkinson v. Dunlap

Citations

• 49 Wash. 385
• 95 P. 321
• 1908 Wash. LEXIS 590

Syllabus

<p>Evidence — Custom. Proof of a custom to take deeds for state roads in the name of a county is inadmissible where the statute requires them to he taken in the name of the state.</p> <p>Highways — Abandonment to County' — Sale to Railroad — Rights op State — Control. Under Bal. Code, § 4338, authorizing a railroad company to appropriate any part of a public highway not within the limits of a municipal corporation, and providing that the county commissioners may agree upon the terms of the appropriation, county commissioners may sell to a railroad company a road which it had taken possession of and destroyed as a highway; and mandamus will not lie at the instance of the state to compel the county to oust the company and keep the road open, although the road was constructed in part with funds received from the state, where it would have been impracticable to keep the road in repair, the commissioners had constructed another road to -take its place, and it appears that they were charged with the control of the road, and exercised their best judgment in the matter.</p>