State ex rel. City of Tacoma v. Tacoma Railway & Power Co.

Citations

• 61 Wash. 507
• 112 P. 506
• 1911 Wash. LEXIS 1110

Syllabus

<p>Street Railways — Franchises— Transfers — ■ Corporations — Merger. A street railway company’s franchise, which compelled the granting of transfers over all lines controlled by it, cannot be invoked to compel the granting of transfers over the line of a competing traction company (also required to give transfers to any other line giving transfers to it) a majority of the capital stock of which had been acquired by a corporation owning the capital stock of the street railway company, although through such control or merger the officers of the street railway were elected officers of the traction company and managed its affairs, the latter’s shops and offices were closed, and physical connection was made between the lines; since each corporation continued to exist as distinct entities having contract rights, regardless of the majority holding of their capital stock (Dunbar, J., dissenting).</p>