State ex rel. Carlson v. Superior Court

Citations

• 107 Wash. 228
• 181 P. 689
• 1919 Wash. LEXIS 1005

Syllabus

<p>Eminent Domain (15, 39)—Pbivate Wat of Necessity—Evidence —Sufficiency. Under Rem. Code, § 5857-1, giving the right to condemn a private way of necessity where it is necessary for the proper use and enjoyment of premises, the burden on the petitioner to show a reasonable necessity is not satisfied by proof that the way sought is his most practicable way of egress and ingress, where he had a present right of way by grant over other premises which much of the testimony showed was capable of being made passable at some inconvenience and added expense, yet within bounds; the statute not being favored in law and the rule of necessity more strict between private owners than for public service companies.</p> <p>Easements (13)—Way of Necessity. On the sale of part of a tract, cut off from access, an easement or right of way by necessity over the grantor’s other land is implied.</p>