State ex rel. Cascade Railroad v. Superior Court

Citations

• 51 Wash. 346
• 98 P. 739
• 1909 Wash. LEXIS 1191

Syllabus

<p>Commerce — Monopolies—Railroads—Competing Parallel Lines —Agreement to Build New Road — Restraint of Trade. The constitutional and statutory prohibitions against the consolidation of parallel and competing transportation lines are not violated by an arrangement between two railroad companies operating competing lines be-' tween Spokane and Seattle, Washington, whereby each subscribed for one-half of the capital stock of a new and distinct railroad corporation and contributed one-half of the cost of constructing a new railroad from Spokane to Portland, Oregon, opening up and serving new territory, each road continuing its individual identity and control.</p> <p>Eminent Domain — Parties Entitled — Subscription of Stock— Validity — Trustee for Other Railroads. A subscription to the capital stock of a railroad corporation by a trustee in behalf of two other railroad companies, each of which was the owner of the beneficial interest in one-half of such stock, is sufficient to confer upon the new corporation the right of eminent domain, where the new' company was to serve new territory.</p>