State ex rel. Tacoma Eastern Railroad v. Northern Pacific Railway Co.

Citations

• 104 Wash. 405

Syllabus

<p>Railroads (29) — Construction — Crossings — Apportionment of Costs. In apportioning the costs of interlocking devices to be maintained at a grade crossing, the public service commission should not be governed by the priority of the pioneer road, nor by the character of the service or construction by the crossing road; but is to exercise its discretion on the resulting convenience and inconvenience.</p> <p>Same (29). In the absence of abuse or arbitrary action, the courts will not review the discretion of the public service commission in apportioning the cost of interlocking devices; and no abuse appears in apportioning two-thirds of the cost to the petitioner seeking to cross a main line road by its branch line, to serve Camp Lewis on reguest of the government; considering the greater number of trains run on the main line, and the fact that the branch line was for the benefit of territory devoted to a particular use.</p>