Legal Opinion

State v. Superior Court

Washington Supreme Court

Decided December 9, 1909No. 8469PublishedCited by 17 opinions

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

  1. Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
  2. Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
  3. Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
  4. Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
  5. 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

  1. Central Puget Sound Regional Transit Authority v. MillerWashington Supreme Court · 2006
  2. State Ex Rel. Devonshire v. SUPER. CT. FOR KING CTY.Washington Supreme Court · 1967
  3. Walker v. SmaySupreme Court of Kansas · 1921
  4. Gordon v. CummingsWashington Supreme Court · 1914
  5. Power Co. v. . Power Co.Supreme Court of North Carolina · 1916

12 more not listed; retrieve them via the Exa API.

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