State v. Superior Court
Washington Supreme Court
Certiorari to review an order of the superior court for Pacific county, Mitchell, J., entered November 2, 1909, declaring a public use and necessity in condemnation proceedings, after a hearing on the merits before the court without a jury.
1Opinion of the CourtRudkin, C. J.
This is a proceeding to review an adjudication of public use and public necessity in a condemnation case.
The relator first contends that the petition for condemnation does not state facts sufficient to constitute a cause of action because it does not allege that the land sought to be taken will be devoted to a public use. True the petition does not contain these words, but it does allege that the company is organized to construct and operate a line of railroad from South Bend to Chehalis in this state, and will be, when the road is constructed, a common carrier of passengers and freight for…
2Cases cited14 opinions
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- State ex rel. Harlan v. Centralia-Chehalis Electric Railway & Power Co.Washington Supreme Court · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Central Puget Sound Regional Transit Authority v. MillerWashington Supreme Court · 2006
- State Ex Rel. Devonshire v. SUPER. CT. FOR KING CTY.Washington Supreme Court · 1967
- Walker v. SmaySupreme Court of Kansas · 1921
- Gordon v. CummingsWashington Supreme Court · 1914
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1916
12 more not listed; retrieve them via the Exa API.