State Ex Rel. Pressler v. Superior Court

This is an original proceeding in this court to review the action of the trial court in granting an order of. necessity in a suit to condemn real property.

The petitioner in the condemnation action, the Kelso Eastern Railroad, is a corporation organized under chapter 82 of the Laws of 1905, p. 161 [Rem. Comp. Stat., §8395 et seg.], as a public service corporation and has the right of eminent domain. State ex rel. Clark v. Superior Court, 62 Wash. 612, 114 Pac. 444.

The evidence clearly establishes that the railroad company has a franchise from the city of Kelso to operate a railway over and…