Distler v. Grays Harbor & Puget Sound Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered March 24, 1913, upon the verdict of a jury rendered in favor of the plaintiffs, for damages to abutting property by the construction of a railroad in the street.
1Opinion of the CourtMorris, J.
Appellants, in 1910, under a franchise from the city of Cosmopolis, constructed, and have since maintained, their tracks on the public street upon which respondents’ property abuts. No condemnation proceedings were instituted by appellants, and no rights obtained by them to the use of the street or the right to damage abutting property, except as granted in the franchise. Subsequently respondents brought this action to recover damages to the abutting property owned by them. The case was tried in March, 1913, under a stipulation that the action should be tried in the same manner as if it were…
2Cases cited12 opinions
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- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
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- Blankenship v. StateWashington Supreme Court · 1931
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