State ex rel. Lyle Light, Power & Water Co. v. Superior Court

Citations

• 70 Wash. 486
• 127 P. 104
• 1912 Wash. LEXIS 1072

Syllabus

<p>Eminent Domain — Public Use — Future and Present Needs — Surplus Power — Peínate Use. A power and water company may condemn property for the public purposes of municipal lighting and of electric railways, notwithstanding it seeks to avail itself of Rem. & Bal. Code, § 4974, granting it the right to use for private purposes electricity generated for public purposes if at any time there should be a surplus of power not needed for public purposes; since it may anticipate future as well as present public needs, where it acts in good faith and seeks no excessive or unreasonable appropriation.</p> <p>Same — -Public Use — -Surplus Power — Evidence — Sufficiency. Sufficient public necessity for condemnation is shown where an electric light and power company having agreed to furnish power to a town and an electric railway company, and contemplating other contracts for power for public purposes only, sought to condemn to develop ten thousand horse power, although hut a small part of such power was needed for the contracts already secured.</p>