State ex rel. Columbia Valley Railroad v. Superior Court

Citations

• 45 Wash. 316
• 88 P. 332
• 1907 Wash. LEXIS 465

Syllabus

<p>Eminent Domain — Corporations—Statutory Requisite of Subscriptions to Stocks — Evidence—Stock Books. The properly identified stock books of a railway corporation, showing the names of the subscribers of all the capital stock, is presumptive evidence that all the stock was subscribed, as required by Bal. Code, § 4250, to entitle the railway to condemn land for right of way.</p> <p>Same — Subscription by Trustee, jx subscription to the capital stock of a corporation by one subscribing as trustee, shows a liability to pay therefor and is a sufficient subscription, in the absence of want of good faith or insolvency, to entitle a railway to condemn land for a right of way.</p> <p>Eminent Domain — Railroads. One railroad company may appropriate the lands of another where there is a necessity therefor, and where the lands can be taken without material detriment to the established road.</p>