Tacoma Eastern Railroad v. Smithgall

Citations

• 58 Wash. 445
• 108 P. 1091
• 1910 Wash. LEXIS 954

Syllabus

<p>Eminent Domain—Public Necessity—Finding—Conclusiveness —Answer. After an adjudication of public use and necessity in a condemnation proceeding, an answer alleging that the appropriation was sought for other and ulterior purposes is irrelevant, and it is error to refuse to strike it out, where its manifest purpose and tendency was to prejudice the jury.</p> <p>Same—Rights to be Acquired—Stipulation—Damages. A railroad company seeking to condemn a right of way, may, when the owners making an unanticipated claim to special damages by reason of injury to a reservoir site and water power, limit the rights sought to be acquired by filing a stipulation or waiver respecting the use of the site, thereby reducing the special damages claimed; and it is error to refuse to instruct the jury that they should take the stipulation into consideration in determining the amount of the award.</p> <p>Waters and Water Courses—Reparian Rights. An upper riparian owner may not impound all the waters of a natural water course for fourteen hours out of every twenty-four without the consent of lower proprietors or the condemnation of their rights.</p>