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· 3/28/1908

State ex rel. North Coast Railway v. Northern Pacific Railway Co.

Citations

  • 49 Wash. 78
  • 94 P. 907
  • 1908 Wash. LEXIS 530

Syllabus

<p>Eminent Domain- — Railroads—Crossings—Conditions — Cost op Maintenance. In condemning the right to cross at grade the right of way of a prior railroad company, it is proper to charge to the petitioner the cost of installing and maintaining a necessary interlocking device as to the tracks already in operation, or to be constructed within a reasonable time by the prior company to accommodate business already accumulated; but it is error to cover any or all tracks that the prior company might construct at that point in the future, or to confine the petitioner to a single track, as future contingencies should be left to future determination.</p>

Judges: Fullerton

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