Taylor v. Chicago, Milwaukee & St. Paul Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered May 4, 1914, in favor of the defendant, upon the pleadings, dismissing an action for damages to property, by the construction and operation of a railroad.
1Opinion of the CourtParker, J.
The plaintiffs commenced this action in the superior court for Spokane county, seeking recovery of damages which they claim result to their property situated in the city of Spokane from the “ordinary operation” of the defendant’s line of railway in close proximity thereto. The cause was disposed of in favor of the defendant by judgment of dismissal rendered in the superior court upon motion for judgment upon the pleadings. From this disposition of the cause, the plaintiffs have appealed to this court.
The cause comes to us presenting the same questions as if demurrer to appellants’ complaint…
2Cases cited19 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Patrick v. SmithWashington Supreme Court · 1913
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Kuhnke v. FisherMontana Supreme Court · 1984
- Wilkening v. StateWashington Supreme Court · 1959
- Kimball v. ThompsonDistrict Court, D. Nebraska · 1947
- Aubol v. City of TacomaWashington Supreme Court · 1932
11 more not listed; retrieve them via the Exa API.