State ex rel. Shropshire v. Superior Court

Citations

• 51 Wash. 386
• 99 P. 3
• 1909 Wash. LEXIS 1198

Syllabus

<p>Appeal — Preservation of Grounds — Exceptions. An objection that a corporation, composed of two stockholders who are husband' and wife, is not entitled to exercise corporate functions or the right of eminent domain, cannot be raised on appeal where no exceptions were taken to findings to the effect that the corporation was duly organized and existing.</p> <p>Eminent Domain — Parties Entitled ■ — - Water Companies — Statutes — Construction. A water company having a municipal franchise to supply water to a city and its inhabitants, is, under our constitutional and statutory provisions, authorized to exercise the right of eminent domain to acquire the necessary lands and waters, where the owner thereof refuses to supply the city with water upon request so to do; and the general statutes subjecting such corporations to control and regulation are sufficient in that respect without any statute fixing the rates which shall be charged for such supply.</p> <p>Same — Private Uses. The supplying of water by a water company to mills and factories for the purpose of generating power is a private use.</p> <p>Same. The fact that one of the declared purposes of a water company was to furnish water to mills and factories for the private purposes of generating power, does not preclude it from condemning the waters of a stream, where there is evidence of the necessity thereof to supply water to the city for municipal purposes and its inhabitants for ordinary domestic uses.</p>