Legal Opinion

Idaho & Western Railway Co. v. Coey

Washington Supreme Court

Decided April 28, 1913No. 10888PublishedCited by 18 opinions

Appeal by defendants from a judgment of the superior court for Spokane county, Yakey, J., entered June 22, 1912, upon the verdict of a jury awarding damages in a proceeding to condemn land for railroad purposes.

1Opinion of the CourtMorris, J.

Action by respondent to appropriate lands of appellants for its right of way. Appeal is taken from the *292judgment, alleging errors by the court in withholding from the jury certain elements claimed by appellants as proper to be considered in determining the depreciation in value of the land not taken. The errors are assigned in various ways. They can, however, be best treated by discussing appellants’ requested instructions, which the court refused to give.

The first of these requested instructions is as follows:

“You are hereby instructed that danger from fire communicated from passing engines…

2Cases cited14 opinions

  1. St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
  2. Weyer v. Chicago, Wisconsin & Northern RailroadWisconsin Supreme Court · 1887
  3. Seattle & Montana Railway Co. v. GilchristWashington Supreme Court · 1892
  4. Sultan Water & Power Co. v. Weyerhauser Timber Co.Washington Supreme Court · 1903
  5. Chicago, Milwaukee & St. Paul Railway Co. v. BakerSupreme Court of Missouri · 1890

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

3Cited by18 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. Georgia-Pacific Corp. v. United StatesUnited States Court of Claims · 1980
  3. R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
  4. Pape v. Linn CountyOregon Supreme Court · 1930
  5. Doolittle v. City of EverettWashington Supreme Court · 1990

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

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