Legal Opinion

Northern Pacific Railway Co. v. Union Lumber Co.

Washington Supreme Court

Decided December 5, 1913No. 11209PublishedCited by 2 opinions

Appeal by defendant from a judgment of the superior court for Thurston county, Mitchell, J., entered November 11, 1912, upon the verdict of a jury awarding damages in a condemnation proceeding.

1Opinion of the CourtMount, J.

This appeal is from an award of damages in a condemnation proceeding.

The Northern Pacific Railway Company brought the action to condemn a portion of an easement for its line of railway across the logging road of the Union Lumber Company, in Thurston county. After the action was brought, the trial court, upon a hearing, adjudged the public use and necessity for the taking of a portion of the easement by the railway company. The Union Lumber Company thereupon, by certiorari in this court, reviewed the decree of necessity and public use, and we held that the Northern Pacific Railway Company…

2Cases cited4 opinions

  1. Bellingham Bay & British Columbia Railroad v. StrandWashington Supreme Court · 1892
  2. City of Seattle v. WilliamsWashington Supreme Court · 1906
  3. State ex rel. North Coast Railway v. Northern Pacific Railway Co.Washington Supreme Court · 1908
  4. State ex rel. Union Lumber Co. v. Superior CourtWashington Supreme Court · 1912

3Cited by2 opinions

  1. State ex rel. Puget Sound & Willapa Harbor Railway Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1916
  2. Justice v. United StatesCourt of Appeals for the Ninth Circuit · 1944

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