Kakeldy v. Columbia & Puget Sound Railroad Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Joiner, J., entered December 11, 1903, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, dismissing an action to enjoin the operation of a railroad upon land claimed by plaintiff.
1Opinion of the CourtHadley, J.
This action was brought to enjoin the defendant from operating its trains upon its railway track, along what is alleged to he a portion of Eighth avenue south, in the city of Seattle. It is averred that said avenue is a public street, and that a lot owned by the plaintiff abuts thereon, and, further, that a part of the objectionable *677place of operation is upon a portion of plaintiff’s lot. It is alleged that the defendant unlawfully, and without right or authority, has constructed and is operating its road at said place, thereby obstructing the plaintiff’s access to his premises, and otherwise…
2Cases cited9 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- Schwede v. Hemrich Bros. Brewing Co.Washington Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Sintra, Inc. v. City of SeattleWashington Supreme Court · 1997
- Kincaid v. City of SeattleWashington Supreme Court · 1913
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Arterburn v. BeardNebraska Supreme Court · 1910
- State ex rel. Townsend v. Board of Park CommissionersSupreme Court of Minnesota · 1907
24 more not listed; retrieve them via the Exa API.