State ex rel. Clear Lake Logging Railroad v. Superior Court
Washington Supreme Court
Certiorari to review an order of the superior court for Thurston county, Claypool, J., entered August 26, 1914, denying the right to condemn property for a right of way for a toll logging road, tried to the court.
1Opinion of the CourtMorris, J.
This writ was sued out to review an order of the court below denying relator an order of public use and necessity. Relator, as indicated by its name, was organized as a toll logging road, and is seeking to condemn a thirty-foot right of way to extend its road a distance of about 3,500 feet across lands of the respondent Mentzer Brothers Lumber Company. The chief objections urged to the entry of the order of public use are, (1) no showing of any public use; (2) the contemplated use is the private use of the A. P. Perry Lumber Company; (3) other and more feasible locations not interfering with…
2Cases cited10 opinions
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Grays Harbor Boom Co. v. LownsdaleWashington Supreme Court · 1909
- State v. Superior CourtWashington Supreme Court · 1911
- State v. Superior CourtWashington Supreme Court · 1909
- Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884
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3Cited by4 opinions
- State Ex Rel. Polson Logging Co. v. Superior CourtWashington Supreme Court · 1941
- Armstrong v. Illinois Central RailroadTennessee Supreme Court · 1926
- In Re Puget Sound Power & Light Co.Court of Appeals of Washington · 1981
- State Ex Rel. Pressler v. Superior CourtWashington Supreme Court · 1926