State ex rel. Dominick v. Superior Court

Citations

• 52 Wash. 196
• 100 P. 317
• 1909 Wash. LEXIS 1096

Syllabus

<p>Eminent Domain — Public Use — Electrical Power Plant — Sale of Power for Public Purposes. The condemnation of a water power for the purpose of generating electricity to he sold to third persons and corporations for municipal and public, lighting and for the operation of common carrying railroads is for a public use.</p> <p>Same — Persons Entitled — Electric Power — Use of Surplus. The fact that a corporation seeking to exercise the power of eminent domain to generate electric power for public, use had complied with the law of 1907, p. 349, which seeks to .authorize the use of surplus power for private purposes, does not affect'its right to condemnation for the public purposes sought, whether the law of 1907 is constitutional or not; since the question as to the proper use of the surplus power does not affect the right to condemn for public uses. .</p>