State ex rel. Portland & Seattle Railway Co. v. Superior Court

Citations

• 45 Wash. 270
• 88 P. 201
• 1907 Wash. LEXIS 454

Syllabus

<p>Eminent Domain — Railroads—Crossing Other Roads — Public Necessity. A railroad company is not entitled to condemn a right of way across the terminal grounds and spur tracks of another company, already devoted to -a public use, and in such a manner as to interfere with such prior use, by virtue of Bal. Code, § 4335, providing that every railroad shall have the power to cross or join the tracks of any other road, by the right of eminent domain if they cannot agree, where it appears that there is a reasonable route either to the north or south of such terminal grounds, the cost of which would only be $28,000 as compared to $10,000 for the route selected; as public necessity is essential in such a case and no reasonable necessity appears.-</p>