Legal Opinion

Tacoma Eastern Railroad v. Smithgall

Washington Supreme Court

Decided May 23, 1910No. 8447PublishedCited by 13 opinions

Appeal from a judgment of the superior court for Lewis county, Rice, J., entered October 11, 1909, upon the verdict of a jury assessing damages in a proceeding to condemn land for railroad purposes.

1Opinion of the CourtRudkin, C. J.

This proceeding was instituted by the Tacoma Eastern Railroad Company to condemn and appropriate a right of way 100 feet in width through certain lands owned by the defendants, for railroad purposes. The jury returned a general verdict in favor of the defendants in the sum of $1,822.66, accompanied by the following special findings :

*446“First, What do you find to be the damage to the land in question, by reason of the taking of that part thereof by these proceedings in the ordinary natural state, irrespective of the proposed reservoir and the flow of water and granite quarry thereon located?
“Seco…

2Cases cited9 opinions

  1. Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
  2. Spokane Valley Land & Water Co. v. Arthur D. Jones & Co.Washington Supreme Court · 1909
  3. Seattle & Montana Railway Co. v. MurphineWashington Supreme Court · 1892
  4. Cronkhite v. DickersonMichigan Supreme Court · 1883
  5. Fort Street Union Depot Co. v. BackusMichigan Supreme Court · 1892

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

3Cited by13 opinions

  1. State Ex Rel. Eastvold v. SUP'R CT. FOR SNOHOMISH CTY.Washington Supreme Court · 1956
  2. Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
  3. De Penning v. Iowa Power & Light Co.Supreme Court of Iowa · 1948
  4. Municipality of Metropolitan Seattle v. Kenmore Properties, Inc.Washington Supreme Court · 1966
  5. State v. McDonaldWashington Supreme Court · 1983

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

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