Legal Opinion

Port Townsend Southern Railroad v. Barbare

Washington Supreme Court

Decided April 15, 1907No. 6581PublishedCited by 16 opinions

Appeal from a judgment of the superior court for Pierce county, Snell, J., entered October 3, 1906, after a trial on the merits, for the amount of damages assessed by a jury for the value of land, in a condemnation proceeding upon the relator’s refusal to elect to take or abandon the land.

1Opinion of the CourtMount, J.

This appeal is taken from a judgment in condemnation. The appellant brought the action to condemn certain lands in Pierce county belonging to respondents. The *276usual order was made adjudging the use to be a public use and necessary for the appellant. Thereupon the question of value of the lands was tried to the court and a jury. A verdict was returned assessing the value of the land at $16,000. Thereupon the trial court required the appellant to elect at once whether it would pay the award and take the land or abandon the same. The appellant refused to elect, and thereupon a money judgment and…

2Cases cited1 opinion

  1. Port Angeles Pacific Railroad v. CookeWashington Supreme Court · 1905

3Cited by16 opinions

  1. State v. WinebergWashington Supreme Court · 1968
  2. Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
  3. State v. RowleyWashington Supreme Court · 1968
  4. State v. LarsonWashington Supreme Court · 1959
  5. North Coast Railroad v. AumillerWashington Supreme Court · 1910

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