State ex rel. Grinsfelder v. Spokane Street-Railway Co.

Citations

• 19 Wash. 518
• 53 P. 719
• 1898 Wash. LEXIS 419

Syllabus

<p>MANDAMUS TO RAILWAY COMPANY — OPERATION OP LINE — PRIOR DEMAND — PARTIES — QUASI PUBLIC CORPORATIONS — DISUSE OF FRANCHISES — DEDICATION OF STREETS.</p> <p>Mandamus will lie to compel a street railway company to resume the operation of a line which it has discontinued without any prior demand for the performance of its duty to the public in. that respect.</p> <p>'A private individual who has bought considerable property near the end of a street railway line and has improved the property and made hi3 residence there, relying upon the operation of the line, has such a material interest as to he a proper relator in proceedings by mandamus to enforce the performance-of the railway company’s public' duty to operate its line.</p> <p>Where a street railway company attempts to discontinue the-operation of a line, after acquiring the right and commencing the performance of the service, its duty to continue the operation of the railway may be enforced by mandamus.</p> <p>A street .railway company which has occupied public highways for several years in the operation of its line without a grant or privilege or franchise from the municipality, cannot urge that objection for the purpose of relief against its enforced continuance to operate its line thereon, when its use and occupation of such highways has been undisturbed.</p> <p>-A street railway company which receives its franchises from the state and enters upon the enjoyment of them cannot cease-to perform the functions which were the consideration for the grant of such franchises without the consent of the granting power.</p> <p>In platting an -addition to a city and dedicating streets therein to the public, the dedicator cannot reserve the right to operate street railway lines upon the streets, as any condition annexed to a dedication falls, hut the grant stands.</p>