Legal Opinion

Northern Pacific Railway Co. v. Slade Lumber Co.

Washington Supreme Court

Decided December 12, 1910No. 8599PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered September 18, 1909, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action for an injunction.

1Opinion of the CourtCrow, J.

This action was commenced by the Northern Pacific Railway Company against S. E. Slade Lumber Company, to enjoin the defendant from interfering with the opening and closing of a drawbridge. From an order of dismissal, the plaintiff has appealed.

The material facts are undisputed. The Wishkah river, tributary to Grays Harbor and subject to tidal flow, is navigable for sea-going vessels to and above the city of Aberdeen. The appellant corporation, a common carrier, engaged in interstate commerce, owns and operates a line of railroad extending from Grays Harbor to Centraba and Tacoma, where it…

2Cases cited7 opinions

  1. Eisenbach v. HatfieldWashington Supreme Court · 1891
  2. Ferry v. County of KingWashington Supreme Court · 1891
  3. Grays Harbor Boom Co. v. LownsdaleWashington Supreme Court · 1909
  4. Brace & Hergert Mill Co. v. StateWashington Supreme Court · 1908
  5. Board of Harbor Line Commissioners v. State ex rel. YeslerWashington Supreme Court · 1891

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3Cited by1 opinion

  1. State v. SturtevantWashington Supreme Court · 1913

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