Legal Opinion

State ex rel. Cascade Public Service Corp. v. Superior Court

Washington Supreme Court

Decided May 27, 1909No. 7846PublishedCited by 5 opinions

Certiorari to review a judgment of the superior court for Pierce county, Chapman, J., entered December 9, 1908, after a trial before the court without a jury, on the merits, dismissing a condemnation proceeding.

1Opinion of the CourtMorris, J.

This is a contest between two corporations, claiming to be public, service corporations, each asserting its priority of right to utilize the waters of the Nisqually river to develop water power for the manufacture of electricity. The plaintiff filed its petition October 15, 1907, in which it sought to condemn lands belonging to the respondent company, situate in the counties of Pierce and Thurston, for the purpose of a storage basin. The respondent company appeared and numerous hearings were had, until December 8, 1908, when the court below handed down its decision in favor of the respondent…

2Cases cited2 opinions

  1. Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1905
  2. State ex rel. Kettle Falls Power & Irrigation Co. v. Superior CourtWashington Supreme Court · 1907

3Cited by5 opinions

  1. Richmond Heights Village v. Board of County CommissionersOhio Court of Appeals · 1960
  2. City of Chehalis v. City of CentraliaWashington Supreme Court · 1914
  3. Sound Transfer Co. v. Phinney Realty & Investment Co.Washington Supreme Court · 1913
  4. Oregon-Washington R. & Navigation Co. v. WilkinsonU.S. Circuit Court for the District of Eastern Washington · 1911
  5. State ex rel. Kennewick Irrigation District v. Superior CourtWashington Supreme Court · 1922

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